Getting a patent isn’t just about having a great idea—it’s also about timing. And one of the most misunderstood pieces of timing in the patent process is when to file an IDS, or Information Disclosure Statement. It sounds simple: you’re just telling the USPTO about any related prior art or documents you know about. But here’s the catch—when you file your IDS can seriously impact your patent’s speed, cost, and strength. File it too early and you might waste effort. File it too late and you could face extra fees, delays, or even weaken your protection.
Why IDS Timing Matters More Than You Think
Filing an IDS might feel like paperwork, but it’s one of the most critical timing decisions in your entire patent journey. For startups building fast and protecting core IP, the timing of that submission can influence everything from how fast you get your patent to how defensible it is later.
The Real Role of an IDS in Patent Strategy
An IDS isn’t just a disclosure form. It’s a way of saying, “Here’s what I already know exists in the world of technology.”
That includes other patents, publications, or anything that might relate to your invention. The examiner at the USPTO is required to review what you submit.
Why does that matter? Because once it’s on record that you were aware of certain prior art, the entire strength of your patent will be judged against it. If you file your IDS at the right time, you stay ahead.
You give the examiner what they need early, avoid surprises, and keep your process smooth. If you wait too long, though, things can get complicated—fast.
How Timing Shapes Your Patent Path
There are three moments in the patent journey where IDS timing really comes into play: before the first office action (FAOM), after a final rejection, and after allowance. Each one comes with different legal standards, costs, and risks.
But here’s where most founders miss the mark. They wait until they have to file an IDS. Maybe they found new prior art. Maybe they filed internationally and got search results back.
Whatever the reason, it becomes a reactive move instead of a strategic one.
The better approach? Plan your IDS timing like you plan your product roadmap—with foresight, not panic.
Thinking Ahead Protects Your Momentum
Every time you delay an IDS or miss the ideal window, you risk slowing your patent down. And that’s not just about paperwork delays.
If you file late, the USPTO might ask for extra forms, fees, or even a statement explaining why you didn’t disclose earlier. That’s time and money you didn’t plan for.
In some cases, a late IDS could even require an RCE (Request for Continued Examination), which restarts part of the patent process. That’s months—sometimes years—of delay.
If your company’s funding or competitive edge is tied to getting that patent granted quickly, those delays hurt.
Building Trust With the Examiner
Examiners are human. When you give them complete and timely information, it shows professionalism. It tells them you’re not hiding anything. That trust can shape the tone of the examination process.
You don’t want to raise red flags that make them look twice just because your IDS timing felt sloppy or inconsistent.
Aligning With Business Milestones
Let’s say you’re about to launch a new feature, close a funding round, or negotiate a licensing deal. You want your patent application as clean and far along as possible.
If a late IDS forces re-review or adds complexity, it can get in the way of those moments.
That’s why smart businesses align IDS timing with their product and legal calendars.
If you know when you’re filing internationally, or when third-party searches will come back, build a buffer into your IDS strategy so you’re never caught off guard.
Turn Your IDS Into a Competitive Asset
Most people think of the IDS as a checkbox. But it can actually help you strengthen your patent if used right. By disclosing strong prior art early, you give your examiner a clear field to work within.
If your claims survive that review, your patent is harder to challenge later.
This is especially powerful if you’re in a crowded field. Showing you knew about competing technologies and still got claims allowed sends a message—to investors, partners, and competitors—that your IP is solid.
Avoid the “Oops, We Forgot This” Moment
One of the most common pain points for founders is forgetting to include a piece of prior art they later realize matters. It could be a whitepaper. A foreign filing. Even a related application in the family.
If this happens after allowance, it becomes costly. You either pay extra fees, add risk, or delay issuance.
Worse, if someone accuses your patent of being invalid because of undisclosed prior art, that oversight becomes fuel for a challenge.
Having a regular IDS review process—especially when you’re working with global filings—keeps you from falling into that trap.
PowerPatent Tip: Sync With International Filings
If you’re filing under the Patent Cooperation Treaty (PCT) or in foreign countries, you’ll often get back search reports that cite relevant prior art.
These should trigger an automatic internal review on whether an IDS is needed for the US case.
The mistake founders make is thinking, “We’ll deal with it later.” But when those foreign reports come back, it’s smart to act immediately—before FAOM if possible. That’s when the cost is lowest, and your options are widest.
Staying Agile Without Being Reactive
Timing your IDS right isn’t about doing everything all at once. It’s about knowing when to act. That’s what keeps you agile. Instead of reacting to legal triggers, you stay ahead with a clear plan.
Every time you learn something new—about your field, your competitors, or your invention’s place in the world—it should prompt a quick check: “Do we need to update the USPTO?”
That mindset keeps your patent clean, fast, and strong.
What Happens When You File an IDS Before the First Office Action
Getting your IDS in before the USPTO examiner picks up your case might sound like over-preparing. But in reality, this is one of the smartest moves you can make—if done right.
Filing early, before that First Office Action on the Merits (FAOM), gives you the highest level of control and the lowest possible risk.
Why This Moment Is So Powerful
Before the examiner even starts their review, they check the file for any submitted IDS documents. This is your chance to get their full attention on the prior art that you think matters.
If you wait, you might end up responding to rejections based on things you could have clarified from the beginning.
Filing early helps shape how the examiner understands your invention. It shows you’ve done your homework. And if you’re smart about what you include, it also clears a lot of landmines out of the way early.
It’s the Least Expensive Time to File
This is one of the few moments in the patent process where the USPTO doesn’t ask for extra paperwork or fees related to IDS timing.
As long as you’re filing before FAOM, it’s considered routine. No certifications. No explanations. No penalties.
This is your clean slate.
If you’ve got foreign search reports, related patents, or published applications from your competitors—or even your own team—this is the time to disclose them.
Keeps You Out of the “Late IDS” Trap
Once the FAOM hits, the rules get stricter. If you try to file an IDS after that, the USPTO may require you to certify that the information was only just discovered. That’s a tricky line to walk.
Founders often assume, “I’ll just wait until I get everything.” But that delay creates a risk. What if you had the info, but didn’t act? That’s when legal headaches begin.
By getting your first batch of disclosures in before FAOM, you create a buffer. Then, if you need to file another IDS later, you’ve already shown good faith and timeliness.
Builds a Smoother Relationship With the Examiner
Examiners are trained to look at what you give them. If you offer high-quality prior art up front—especially if it comes from credible sources like foreign patent offices—they will often build their review around that.
This makes their job easier. And when the examiner’s job is easier, your job gets easier too. You may avoid broad, sweeping rejections because you’ve already helped focus the discussion on relevant art.
You Can Strategically Narrow Claims Before Trouble Hits
Filing an early IDS can act like a spotlight. If you see strong prior art in your own disclosure, it gives you a chance to narrow your claims before the examiner ever pushes back.
That’s a huge advantage. Instead of getting a rejection that forces you into a corner, you’re playing offense.
You stay ahead, and you can often get broader claims allowed just by showing that you’re addressing known issues from the start.
This isn’t about limiting your protection. It’s about shaping it smartly—so it holds up later and moves faster now.
Common Founder Mistake: Waiting for the FAOM
Some founders think the First Office Action is the starting line. It’s not. By the time that arrives, the examiner has already done their own search and formed an opinion.
If your IDS isn’t in by then, you’ve missed the chance to shape that first impression. Now you’re reacting, instead of guiding.
And in patents, reacting usually means more cost, more delay, and more risk.
Aligning Early IDS With Product Launches
This is also the stage where your business and legal strategy can really connect. If you’re launching a product or pitching investors, an early IDS—and the clean progress it enables—can give you a stronger story.
Instead of saying, “We filed and we’ll see what happens,” you can say, “We filed, disclosed the relevant art, and are on track with the USPTO.” That level of preparedness builds confidence.
It also makes you look like a team that knows how to protect its core assets.
PowerPatent Tip: Don’t Overload the Examiner
While early IDS filing is smart, you still want to be strategic. Don’t just dump everything in. Choose what’s actually relevant. If you flood the examiner with documents that don’t relate closely to your claims, it creates confusion.
Focus on quality over quantity. Show what matters. That earns trust and gets better results.
Filing After a Final Rejection: Smart or Risky?
This is the moment where a lot of founders get nervous. You’ve made progress. You’ve responded to the examiner. And then—boom—a final rejection shows up.
Now you’re staring at the clock, wondering if it’s too late to file that IDS you forgot about or just received.
Let’s make one thing clear: you can still file an IDS after a final rejection. But it’s no longer simple.
The Rules Change After Final
Once a final rejection is issued, the patent application enters a different phase. The examiner is technically done with their job, unless you take further action.
That means if you want to add new information—like through an IDS—it’s not just a matter of dropping it in.
The USPTO will ask, “Why are you doing this now?” And they’ll need a good reason. If you had the information before and didn’t disclose it, you may have to file a formal certification.
And if it’s too late for even that, you may need to file an RCE (Request for Continued Examination), which reopens the case—and comes with its own costs and delays.
Is It Ever a Good Move to File After Final?
Yes—but only if you absolutely need to. For example, if you receive foreign office actions or newly discovered prior art after your final rejection, and they’re relevant to your claims, you should disclose them.
Not filing could expose your patent to challenges down the line.
But do it with a plan. Ideally, you pair that IDS with an RCE so the examiner can review it properly.
That way, you’re not filing into a dead-end. You’re giving the examiner permission to reopen the case and consider the new information.
If you try to file the IDS alone, without an RCE, there’s a good chance it will be ignored—because the examiner has no duty to review it unless the case is active again.
The Cost of Waiting Too Long
Some founders make the mistake of delaying action. Maybe they assume the IDS can wait until the appeal. Or they think they can push it into the next step.
Here’s the risk: if the patent eventually gets allowed, but that prior art wasn’t reviewed by the examiner, it could come back to haunt you.
Someone might argue that you intentionally withheld important information. Even if that’s not true, perception matters.
So ask yourself: is this information something an examiner would likely care about? If yes, don’t sit on it.
Strategic Filing After Final: How to Handle It
The smart move is to treat post-final IDS like a trigger point. If you’re going to file it, talk to your legal team or advisor right away. Decide if an RCE makes sense.
If you’re close to an allowance and the new prior art isn’t critical, it might make sense to hold off and file after allowance instead.
But if it’s strong art that could affect claim validity, address it now—before the patent is granted.
This way, your patent is examined with the full picture in view, which gives it much more strength if challenged later.
Don’t Wait for the Examiner to Catch It
Sometimes, founders think, “If the examiner missed this reference, maybe it doesn’t matter.” But that’s a dangerous bet.
If someone else—like a competitor or investor—finds the reference later, it could weaken your patent’s value.
It’s always better to control the narrative. If you know about something important, bring it forward—even if it’s inconvenient. You might pay a fee, but you’ll avoid bigger problems down the road.
PowerPatent Tip: Use IDS as a Way to Reset
If you’re filing an RCE anyway, take that moment to not only submit your IDS but also revise your claims or arguments if needed. This is your reset button. Use it to tighten your strategy, clean up your record, and come back stronger.
After Allowance IDS: The Hidden Cost Most Founders Miss
This is where many founders get blindsided. You’ve made it through examination. The examiner has allowed your claims. You’re just a signature and a fee away from a granted patent.
Then you remember—there’s one more piece of prior art you haven’t disclosed yet.
It might seem harmless to file an IDS at this point. But the truth is, this is one of the riskiest and most expensive moments to do it.
Why After Allowance Isn’t the End
A Notice of Allowance feels like the finish line, but it’s not. The USPTO hasn’t granted the patent yet. That means anything you add now—like a late IDS—can slow things down, reopen examination, or even undo your progress.
Once an IDS is submitted after allowance, the examiner is required to consider it. But they’re not obligated to do that within the standard timeline.
This can easily delay issuance by weeks or months, especially if the examiner decides the new art is significant.
Worse, the USPTO may require you to pay extra fees or file a special request just to have the IDS considered.
It’s No Longer Just a Disclosure—It’s a Disruption
At this point in the process, everything is tightly scheduled. Your issue fee is due. Your patent number is almost assigned. Any change feels like throwing a wrench into a moving machine.
When you file an IDS after allowance, the process stops. The examiner has to re-review the file. And depending on the nature of the prior art, they may withdraw the allowance entirely and issue a new rejection.
That’s not common—but it happens. And if it does, you’re suddenly back in examination, burning time and money you didn’t plan for.
The True Cost Isn’t Just the Fee
Founders often ask, “What’s the big deal? Can’t I just pay a fee and move on?” Technically yes, there’s a small government fee for after-allowance IDS filings—but that’s not the real cost.
The bigger problem is uncertainty. Investors don’t like it. Partners don’t like it. And if your business plan was counting on a granted patent by a certain date, this kind of delay can throw off everything.
This is especially painful if you’re mid-licensing or preparing for acquisition. Suddenly, your IP status is in flux. That weakens your hand in negotiation.
Is It Ever Worth Filing After Allowance?
Yes, but only when absolutely necessary. If new art comes to your attention after allowance—especially from a foreign filing—you may have no choice but to file. In that case, it’s better to file than risk the integrity of your patent.
But the key is to act fast. The sooner after the notice of allowance you submit the IDS, the more likely you can manage the impact.
Sometimes, if the art is not material to the claims, or if it was already cited in related applications, you may decide not to submit it. But that’s a strategic call that should be made with legal guidance.
How to Prevent IDS After Allowance Scenarios
The real strategy here is prevention. You don’t want to be filing an IDS after allowance unless you absolutely have to. That means building an internal system for reviewing and disclosing prior art before this stage.
If you’re filing internationally, create a review checkpoint when foreign office actions or search reports come in. Don’t wait. Check if they impact your US case. If they do, get the IDS filed before FAOM or at the latest before final.
Also, keep your application family aligned. If you have multiple related filings, make sure art cited in one gets reviewed for relevance in the others.
It’s easy to overlook this when moving fast, but it’s a common source of post-allowance surprises.
PowerPatent Tip: Don’t Let After Allowance Turn Into Afterthought
When you use a platform like PowerPatent, you can set up alerts and workflows that automatically track cited references across jurisdictions.
That means you don’t have to rely on memory or scramble at the last minute. You stay ahead of it.
This isn’t about just being “compliant.” It’s about protecting the value you’ve worked so hard to build—without last-minute fire drills that create risk.
The Smartest Way to Handle IDS Timing Without Slowing Down
By now, it’s clear that IDS timing isn’t just a legal detail—it’s a strategic decision. And if you handle it right, you’ll move faster, avoid costly surprises, and end up with stronger patents that hold up when it counts.
But how do you make this part of your workflow without slowing down your team or distracting from product and fundraising goals?
It comes down to systems, not stress.
Make IDS Timing Part of Your Product and Patent Strategy
Most founders think about patents in one lane and product development in another. But if you want to avoid IDS issues, they need to move together.
Every time you release a feature, read a new paper, file in a new country, or get search results back—that’s a potential IDS moment.
If your team is moving fast, you can’t afford to track this manually. Create checkpoints during filing and international prosecution that trigger quick reviews.
You don’t need to overthink it—just have someone ask: “Do we need to update the USPTO?”
That single habit can save you from the late-stage chaos so many companies deal with.
Don’t Wait to Get Organized
The earlier you build a clean disclosure process, the easier everything becomes. You’ll avoid after-final and post-allowance filings. You’ll keep examiners aligned from day one.
And you’ll stop paying for mistakes that could’ve been avoided with a five-minute review.
Even better, you’ll create patents that can stand up to due diligence, licensing, and litigation—because the record will show that you were thoughtful and thorough from the start.
Automate the Painful Parts
This is where smart tools change everything. Using PowerPatent, you don’t have to track every deadline or cross-check every foreign search report manually.
The system flags related documents, syncs with your application data, and helps you generate clean IDS filings fast.
No last-minute scrambling. No guessing what to include. Just a clear, repeatable process that matches how startups actually work.
And because every filing is reviewed by real attorneys, you get peace of mind knowing your IDS isn’t just filed—it’s filed right.
Build Patents Like a Business Asset, Not Just a Legal One
Your patents aren’t just paperwork. They’re leverage. They help you close funding, build partnerships, and protect market position. So treat IDS timing like part of your business ops, not just legal compliance.
By staying proactive and strategic, you make sure every part of your patent story is strong—from filing to issuance to enforcement. You don’t get stuck. You don’t get delayed. And you don’t leave value on the table.
PowerPatent Tip: Let Software and Attorneys Work Together
What makes PowerPatent unique is that it brings automation and expert oversight together. You don’t have to choose between speed and quality. You get both—without drowning in paperwork or risking your IP strength.
It’s built for founders who want to protect what they’re building—without slowing down.
Wrapping It Up
Smart IDS timing isn’t just about avoiding mistakes—it’s about building stronger patents, faster. Whether you’re filing before FAOM, after a final rejection, or after allowance, the decisions you make now can save you time, money, and risk later. The key is to treat your IDS not as an afterthought, but as a core part of your patent strategy. When you plan ahead, automate where it makes sense, and stay proactive, you protect the work you’ve built—and set yourself up for long-term success.
