Information disclosure statements (IDS) are not required, but they may be included with patent applications.

An IDS includes a list of all the patents, publications and any other forms of information relevant to the invention. An inventor would most likely have these reference materials handy if he or she performed a patent search before proceeding with the application. A patent search should always be performed before the filing of a patent application.

While an IDS is not required, the benefit of one is that the examiner will have the reference materials related to the invention at hand and may judge the invention's patentability in light of the prior art without having to search for it.

An applicant may send in an IDS with the application when he or she first files it. Alternately, an IDS may be sent in at a later date. However, the later it is sent in during the prosecution, the larger the hassle it becomes.

An IDS may still be sent in on or after the mailing date of either a final Office action or a Notice of Allowance. But at this point, the applicant must send in a statement, a petition and a fee.

Alternately, if the IDS is sent when the application is first filed, nothing is required. Absolutely no IDS's may be sent in after the payment of an issue fee. The PTO will just place these in the application file, but the examiner will not review them. If an applicant needs the PTO to consider an IDS after the issue fee has been paid, then the application must be withdrawn from issue and either a continuing application or a CPA must be filed to replace it.