What is IDS Management?

An Information Disclosure Statement (IDS) is a critical filing submitted to the United States Patent and Trademark Office (USPTO) during the prosecution of a patent application. It discloses all known prior art, including patents, publications, or other references that may be material to the patentability of an invention.

IDS Management refers to the structured process of tracking, collecting, reviewing, preparing, and timely submitting these references in accordance with USPTO rules (particularly 37 CFR §§ 1.97 and 1.98) which refers to Filing of information disclosure statement. It ensures that inventors and applicants fulfill their duty of disclosure and maintain the enforceability of their patents.

In today’s IP landscape, non-compliance in IDS filing can lead to inequitable conduct charges or weakened enforceability of granted patents. Given the volume of global prior art citations, family-related references, and co-pending applications, efficient IDS management becomes more than just clerical - it is a legal safeguard.

At Effectual Services, we recognize that IDS management is a sensitive and deadline-driven function. Our dedicated team ensures full compliance with USPTO rules, avoids redundancy, and reduces the administrative burden on in-house legal teams and external counsel.

IDS (SB08) Form

IDS Size Fee Assertion

1. What is the IDS size fee?
The IDS size fee is a new fee, which will be due with some IDS filings. The IDS size fee is required for IDS filings under 37 CFR 1.97 that cause the cumulative number of applicant-provided or patent owner-provided items to exceed certain thresholds (50, 100, and 200). The requirement for this fee is set forth in § 1.97(a) for applications and § 1.555(a) for reexamination proceedings, and the fee amounts are set forth in § 1.17(v). For more information, see the FY 2025 Patents Fee Setting Rule (hereinafter “Fee Rule”) preamble on pages 91923–26, and the responses to comments on pages 91950–52.

2. What is the effective date of these new IDS requirements?
The new IDS size fee rule in 37 CFR 1.17(v) and the amendments to §§ 1.97(a), 1.98(a)(4), and 1.555(a) to require the IDS size fee and size fee assertion are effective on January 19, 2025. Any IDS filed under § 1.97 on or after January 19, 2025, is subject to the new rules (i.e., size fee and size fee assertion requirements).

3. What is the IDS size fee assertion?
Every IDS filed under 37 CFR 1.97 on or after the effective date of the Fee Rule will require a written statement called an “IDS size fee assertion.” The statement must be clear and indicate:

• That the IDS is accompanied by the appropriate IDS size fee, or
• That no IDS size fee is required.

This requirement is set forth in § 1.98(a)(4). Applicants and patentees are encouraged to use the USPTO-provided forms (SB/08 – Patent Center and SB/08c) to make their IDS size assertions

IDS Size Fee Summary

Beginning January 19, 2025, the USPTO will require an IDS size fee for Information Disclosure Statements (IDS) based on the total number of references cited. If the cumulative number of references exceeds 50 but is 100 or fewer, a fee of $200 will be required. For submissions with more than 100 but not exceeding 200 references, the fee will be $500. If the IDS includes more than 200 references, the fee increases to $800. These fees apply to applicant- or patent owner-submitted references and must be accompanied by a proper IDS size fee assertion.

USPTO IDS Size Fee Summary (Effective January 19, 2025)

Cumulative References Cited	IDS Size Fee
> 50 ≤ 100	$200
> 100 ≤ 200	$500
> 200	$800

 

IDS Size Fee Assertion FORM UNDER 37 CFR 1.98

Example:

An applicant files an IDS on February 1, 2025, which includes 120 references. Since this is after the effective date (January 19, 2025), and the number of references exceeds 100 but is less than or equal to 200, the applicant must pay an IDS size fee of $500. Along with the IDS, the applicant must also include an IDS size fee assertion—a written statement indicating that the appropriate fee has been submitted.

If no fee or assertion is included, the IDS will be considered non-compliant, and the references may not be considered by the examiner.

Significance & Importance

Proper IDS management can:

• Preserve Patent Validity: Ensures material prior art is disclosed to USPTO, avoiding potential inequitable conduct claims.
• Support Litigation: Proper IDS filings protect patents from future challenges in courts or at the PTAB.
• Prevent Missed Deadlines: Avoid unnecessary petitions or additional fees due to late or incorrect submissions.
• Streamline Prosecution: Avoids duplicative submissions across related applications or families.
• Facilitate Global Compliance: Maintains consistency when prior art is cited in other jurisdictions like the EPO, JPO, or CNIPA.

Methodology

Step 1: Reference Collection

Extract prior art from office actions, search reports, foreign filings, and examiner citations.

Step 2: Family & Cross-Reference Tracking

Monitor patent families and co-pending applications to avoid missed disclosures.

Step 3: Relevancy & Duplication Check

Identify previously cited references and avoid re-submission, unless necessary.

Step 4: Format Compliance

Ensure adherence to USPTO formatting rules (e.g., citation format, bibliographic information).

Step 5: Form Preparation

Prepare USPTO Form SB/08 or corresponding forms for submission.

Step 6: Certification & Deadlines

Determine if a certification under 37 CFR 1.97(e) is required. Identify timing—e.g., before first office action or after RCE.

Step 7: Attorney Review (if required)

Route the draft for review and sign-off by internal or client attorney.

Step 8: E-filing and Audit Trail

File via USPTO EFS-Web or Patent Center. Maintain complete audit trail: reference list, submission dates, and acknowledgments.

Our Approach at Effectual

At Effectual Services, we combine IP expertise, operational efficiency, and compliance-focused workflows to provide seamless IDS Management:

• Dedicated IP Paralegals & Analysts: Experienced in USPTO rules, MPEP guidelines, and global prior art.
• Custom Tracking Systems: We maintain family-based IDS trackers to prevent duplication or oversight.
• Collaboration Tools: We coordinate with inventors, outside counsel, and foreign associates for timely updates.
• Legal Escalation Framework: Discrepancies or special situations (e.g., conflicting citations, PCT art, etc.) are escalated to attorneys for input.

We work as an extension of your IP operations team, not just a vendor.

Frequently Asked Questions (FAQs)

Q1: Can Effectual Services manage IDS filings across multiple co-pending cases?
Yes, we specialize in portfolio-level tracking and synchronizing disclosures across multiple related applications.

Q2: Do you help with references cited in foreign prosecution?
Absolutely. We capture and disclose foreign prior art (e.g., EPO/WIPO search reports) to ensure USPTO compliance.

Q3: What if client misses an IDS deadline?
We notify clients proactively. In the rare case of a missed deadline, we guide on corrective steps like petitions or RCE-based submissions.

Q4: Do you provide audit trails?
Yes, we maintain comprehensive records of all prior art references, dates, and actions taken—useful for internal audits and litigation readiness.

Q5: Can you work with our existing docketing software?
We integrate seamlessly with tools like Anaqua, CPI, FoundationIP, and others. We also maintain standalone trackers if preferred.

Case Study

Client: *Confidential

Challenge: Managing IDS filings across 20+ co-pending U.S. patent applications from a common PCT.

Solution:

• Consolidated all foreign and domestic citations
• Created master tracker of overlapping references
• Eliminated redundant filings
• Filed timely IDS packages with proper certifications and form formatting

Outcome: Saved the client over 70 hours of paralegal time and avoided 6 redundant IDS submissions. No late fees or petitions were required.

How Can We Help?

At Effectual Services, we offer end-to-end IDS (Information Disclosure Statement) Management solutions to ensure your patent prosecution process remains compliant, accurate, and efficient. Our specialized team supports law firms, in-house counsel, and corporations by reducing the burden of IDS compliance and streamlining the entire disclosure lifecycle.

Area	Description
Prior Art Collection & Analysis	Extract references from Office Actions, search reports, examiner citations, and foreign filings. Consolidate prior art across patent families
Duplication & Relevancy Check	Detect already cited references to avoid redundancy. Assess relevance and flag material references.
Form Preparation & Compliance	Prepare USPTO Form SB/08a/b with correct bibliographic details. Ensure formatting complies with USPTO rules.
Deadline Tracking & Certifications	Track deadlines pre-/post-Office Action or after RCE. Apply appropriate certifications under 37 CFR 1.97(e).
Cross-Family Reference Management	Synchronize IDS disclosures across U.S. family applications. Coordinate with foreign filings and offices.
Attorney Review & Routing	Route prepared IDS drafts for review by internal or client attorneys. Incorporate feedback before submission
Audit Trail & Documentation	Maintain submission logs, confirmations, and correspondence for traceability and audit purposes.
Custom Workflow Integration	Align services with your docketing/IPMS tools (Anaqua, CPI, AppColl, Excel). Provide tailored dashboards.

 

Why Choose Effectual Services

1) Deep Domain Expertise
Our team comprises patent professionals, legal experts, and technical analysts with extensive experience across  diverse industries - including life sciences, engineering, software, electronics, and more.

2) Proven Track Record
Effectual has successfully supported clients in high-stakes transactions, audits, litigations, and regulatory filings—helping avoid costly errors and ensuring strategic success.

3) Integrated Technology & Manual Oversight
Our hybrid approach combines automated tools for speed and scale with expert manual reviews for accuracy and legal integrity.

4) Customizable Solutions
Whether you're a startup managing your first IP portfolio or a multinational corporation with thousands of records, our services are tailored to Your needs, processes, and tools.

5) High Client Retention
Our client relationships span years—not just projects—reflecting the trust and satisfaction we’ve earned across the globe.

6) Seamless Collaboration
We work as an extension of your team, coordinating smoothly with your internal stakeholders, external counsel, and software providers.

7) Data Security & Confidentiality
We are ISO 27001 certified and follow strict confidentiality protocols to protect sensitive IP data, with secure infrastructure & access controls.

8) Audit-Ready Documentation
Every project is delivered with clear, well-structured reports—supporting due diligence, investor evaluations, and regulatory compliance.

9) Client-Centric Approach

Our relationship doesn’t end with project delivery. We offer post-engagement support, periodic reviews, and ongoing improvement recommendations.

Conclusion