Practice question: when an IDS needs no fee
Answer in brief
This question tests the timing rules for information disclosure statements. Pick an answer before you open the explanation; the governing rule is in MPEP 609.
An original practice question written by Wysebridge in the style of the exam. It is not a released USPTO question.
The question
An applicant files a nonprovisional application and, two months later and before any action on the merits, files an information disclosure statement. Which is required for the IDS to be considered?
- A statement under 37 CFR 1.97(e) and the IDS fee.
- Only the IDS fee.
- A petition to the Director.
- Neither a fee nor a statement, if it otherwise complies with 37 CFR 1.98.
- A request for continued examination.
Answer and explanation
Show the answer
Answer: D. An IDS filed within three months of the filing date of a national application, or before the mailing of a first Office action on the merits, whichever is later, is considered without a fee or statement, provided it complies with 37 CFR 1.98. The fee and statement requirements apply to later windows.
Where the rule lives
Read MPEP 609 explained on MPEP.net, then find it in the official MPEP. On test day you will search the same text, so practice locating it yourself.
Sources for this entry
- Manual of Patent Examining Procedure (MPEP) USPTO
The examination manual the patent bar is tested on; open book during the exam. - Wysebridge — Patent bar exam simulator Wysebridge (publisher of this site)
Timed AM/PM practice modeled on the Prometric test center.
Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.
Continue this reading path
Practice question: claiming a provisional's filing datePractice question: the abstract
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Cite or share this entry
Patent Bar Practice Questions. “Practice question: when an IDS needs no fee.” Wysebridge Reference. Content reviewed 9 November 2026.
https://patentbarpracticequestions.com/ids-timing-question/