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Strategic considerations for filing an IDS under the new USPTO volume-based fee structure
Cantor Colburn's Daniel F. Drexler and Yong Tang, Ph.D., review the new fee structure for large information disclosure statement filings instituted by the USPTO in the May/June 2025 Patent Lawyer Magazine.
Their practice tips include:
-track and report the number of IDS references accurately
-reconsider search efforts
-avoid submission of cumulative references
-select fewer but more comprehensive references where possible
-forgo citation of prior art from parent applications in continuing applications
-consider (at your peril) withholding non-material references
Read the article for more information.
Dan is Chair of Cantor Colburn's International Practice and Co-Chair of the Design Practice. He counsels clients in protecting and monetizing their inventions in both US and foreign patent offices, covering a variety of technical fields, including mechanical engineering, aerospace and aeronautics, automotive technology, and environmental engineering. He chairs the firm’s International Practice Group. He has an extensive foreign practice and counsels international companies and law firms in regard to US strategy. He co-chairs the Design Patent Practice Group.
Yong is a patent agent and holds a Ph.D. in Biochemistry, Microbiology and Molecular Biology. His practice focuses on biotechnology and life science, particularly pharmaceutical products and medical devices. He also has more than a decade of intellectual property and technology consulting experience spanning across the areas of consumer goods, food and beverage ingredients, biopolymers, antibody discovery, robotic surgery, and telehealth.
