3 Common Mistakes That Increase Your USPTO IDS Size Fees
USPTO IDS Size Fees can add unexpected costs to patent prosecution when an Information Disclosure Statement (IDS) is prepared or submitted incorrectly. For patent attorneys, agents, and corporate IP teams, understanding the calculation requirements is essential for avoiding unnecessary expenses, filing delays, and compliance problems.
The USPTO has introduced specific requirements concerning IDS size fees and written assertions under 37 CFR 1.98. The current USPTO Patent Center version of the IDS form incorporates information relating to both the IDS size fee and the required assertion.
While the rules are intended to make IDS submissions more predictable, several Common Mistakes can still result in incorrectly calculated USPTO IDS Size Fees. These mistakes often occur when teams count references incorrectly, misunderstand which documents contribute to IDS size, or fail to identify the appropriate fee assertion.
Here are three Common Mistakes that patent teams should avoid.
What Are USPTO IDS Size Fees?
Before discussing the Common Mistakes, it is important to understand what USPTO IDS Size Fees are designed to address.
An Information Disclosure Statement allows an applicant to submit patents, patent publications, foreign documents, non-patent literature, and other information to the USPTO for consideration during patent examination. The USPTO requires IDS submissions to comply with 37 CFR 1.97 and 37 CFR 1.98.
Under the current framework, applicants must make an appropriate IDS size fee assertion indicating whether a fee is required and, when applicable, identifying the appropriate fee category. The USPTO’s quick reference guide explains that the assertion must clearly indicate either that no IDS size fee is required or that the applicable IDS size fee is being paid.
Because the calculation depends on the size of the IDS submission, even a small administrative error can affect the applicable USPTO IDS Size Fees.
Common Mistake #1: Miscounting IDS References and Pages
One of the most frequent Common Mistakes involves incorrectly determining the size of an IDS submission.
Patent teams may assume that simply counting the number of cited documents is enough. However, IDS preparation requires careful attention to the information actually being submitted and the applicable USPTO requirements.
An IDS can contain different types of information, including U.S. patents, U.S. patent application publications, foreign patent documents, and non-patent literature. The USPTO has specific requirements for how these references are identified and listed.
A common problem occurs when a team counts references manually across multiple IDS documents and unintentionally duplicates or omits entries. Another issue is failing to distinguish between references already available in the USPTO’s records and documents that must be supplied separately.
These errors can result in an incorrect assessment of USPTO IDS Size Fees.
How to Avoid This Mistake
Create a standardized IDS review process before calculating USPTO IDS Size Fees. Maintain a consolidated reference list and verify:
- The total number of references being submitted.
- Whether references are duplicated.
- Whether each citation is properly identified.
- Whether supporting documents are required.
- Whether documents have already been submitted or are available in the USPTO record.
- Whether the final IDS submission matches the references listed.
Using the USPTO’s recommended Patent Center IDS form can also reduce administrative inconsistencies.
Common Mistake #2: Applying the Wrong IDS Size Fee Category
Another significant group of Common Mistakes occurs when a patent team correctly identifies that an IDS size fee may apply but selects the wrong fee category.
The USPTO’s current IDS size fee process requires an assertion identifying the appropriate fee under 37 CFR 1.17(v), when a fee is due. The USPTO provides examples of acceptable assertions that identify the specific applicable fee provision.
This means that a general authorization to charge fees does not automatically satisfy the IDS size fee assertion requirement. According to the USPTO guidance, an authorization should clearly identify the particular IDS size fee being charged for the specific submission.
This is an important distinction because one of the Common Mistakes is treating the payment authorization as if it were the required fee assertion.
Why This Matters
Incorrectly selecting an USPTO IDS Size Fees category can create unnecessary prosecution complications. A filing team may believe the IDS has been properly submitted because a payment authorization was included, while the required written assertion may still be inadequate.
How to Avoid This Mistake
Before filing, confirm that the IDS size fee assertion:
- Clearly states whether an IDS size fee is required.
- Identifies the applicable fee provision when a fee is due.
- Corresponds to the actual IDS being submitted.
- Is included with the appropriate USPTO form or filing documentation.
The USPTO’s SB/08 and SB/08c forms are designed to help applicants comply with these requirements.
Common Mistake #3: Failing to Recalculate Fees After IDS Changes
The third of the major Common Mistakes occurs when an IDS changes after the initial fee calculation.
Patent prosecution is rarely static. Attorneys may add references after receiving a foreign search report, reviewing newly discovered prior art, or receiving information from an inventor or client. When additional references are added, the size and fee implications of the IDS may also change.
One of the Common Mistakes is calculating USPTO IDS Size Fees once and assuming that the same calculation remains valid after the IDS has been modified.
For example, a team may prepare an IDS, determine the applicable fee, and then add several additional references immediately before filing. If the final submission is not reviewed again, the fee assertion may no longer correspond to the actual IDS.
How to Avoid This Mistake
Treat every modified IDS as a new fee-calculation checkpoint.
Before submitting the final version, verify:
- The final reference list.
- The number and type of documents included.
- Any newly added references.
- Any removed or duplicated references.
- The applicable IDS size fee category.
- The written IDS size fee assertion.
- The payment authorization and amount.
A final quality-control review can prevent many Common Mistakes before the submission reaches the USPTO.
Additional Factors That Can Cause IDS Fee Problems
Although the three mistakes above are particularly common, other administrative issues can also affect IDS compliance.
Timing is especially important. Under 37 CFR 1.97, an IDS filed within certain early prosecution periods generally does not require the same fee or statement requirements applicable to later filings. Later submissions may require additional conditions, including a fee or statement depending on when the IDS is filed.
Therefore, calculating USPTO IDS Size Fees without considering the filing stage can produce an incomplete assessment.
Patent teams should also remember that an IDS must satisfy both content and timing requirements. The USPTO explains that noncompliant information may be placed in the application file without being considered by the examiner.
A Practical Checklist for Avoiding Common Mistakes
A simple checklist can significantly reduce Common Mistakes associated with USPTO IDS Size Fees.
Before filing an IDS, review the following:
Reference Review: Confirm that every reference intended for consideration is included and properly identified.
Duplicate Check: Remove duplicate citations and verify that previously submitted information is handled correctly.
Size Review: Recalculate the IDS size based on the final submission rather than an earlier draft.
Fee Category: Confirm the appropriate IDS size fee provision under the current USPTO rules.
Assertion Review: Make sure the written IDS size fee assertion clearly states whether a fee is required and identifies the appropriate fee when applicable.
Timing Review: Verify whether the IDS is being filed during a period that requires a fee, timing statement, or both.
Final Filing Review: Compare the final IDS package with the fee assertion and payment information before submission.
This workflow can help patent teams catch Common Mistakes before they result in incorrect USPTO IDS Size Fees.
How IP Brigade Can Help
Managing IDS submissions requires more than simply collecting prior-art references. Patent professionals must coordinate reference information, document requirements, filing timing, fee calculations, and USPTO compliance.
At IP Brigade, our IP support professionals can assist law firms, patent attorneys, agents, and corporate IP departments with organized patent administration and research workflows. A structured review process can help identify Common Mistakes, improve filing consistency, and reduce the risk of miscalculating USPTO IDS Size Fees.
Whether your team is handling a single complex patent application or managing a large portfolio, outsourcing administrative-heavy IP tasks can provide an additional layer of quality control.
Conclusion
Incorrect USPTO IDS Size Fees are often the result of preventable administrative errors rather than complicated patent issues. Miscounting references, selecting the wrong fee category, and failing to recalculate fees after changing an IDS are three important Common Mistakes that patent teams should watch for.
The solution is a disciplined review process. Confirm the final IDS contents, evaluate the applicable fee requirements, verify the written assertion, and review the submission again immediately before filing.
Because USPTO requirements can change, patent teams should always consult the current USPTO fee schedule, forms, and applicable rules before submitting an IDS. The USPTO’s current fee schedule was revised July 1, 2026, and its IDS resources provide updated guidance and forms for practitioners.
By addressing these Common Mistakes proactively, patent professionals can improve IDS filing accuracy, minimize avoidable administrative issues, and better manage USPTO IDS Size Fees throughout patent prosecution.