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IDS Size Fees and the Required Assertion

USPTO fee-setting rule, effective 19 January 2025. Read from the primary document; quotations verified against its own text.

What it says

Effective January 19, 2025, the USPTO's fee-setting rule introduced size fees for information disclosure statements based on cumulative item counts and requires every IDS to contain a clear written assertion that the appropriate size fee accompanies it or that none is due.

Information disclosure statements now carry a size fee, and the count is cumulative across the application rather than per submission.

The mechanical change that touches every filing is smaller and easier to miss: every IDS must now contain a clear written assertion that the appropriate size fee accompanies it, or that none is due.

That is a statement the filer makes, on every IDS, whether or not a fee is owed.

What This Does Not Decide

No thresholds appear on this page, on purpose. Carrying the item counts would invite readers to compute their own fee from a marketing page. Whether a particular IDS owes a fee depends on what an application has already accumulated.
  • It does not say whether any IDS owes a fee.
  • It does not say how many items an application has accumulated.
  • It concerns fees and filing mechanics, not patentability.

Educational, not legal advice. This page reports what an authority says. Applying it to a matter is work for a registered practitioner with the file in front of them.

Sources