You’re almost there. Your patent application is on the edge of being allowed, and then—bam—you realize you need to submit one last IDS. Maybe new prior art showed up. Maybe you filed related cases. Either way, if the examiner already gave you a Notice of Allowance, you’re now stuck. Normally, this means filing an RCE (Request for Continued Examination), which reopens prosecution and throws your timeline—and budget—off track. It feels unfair.
Why Patents Stall After a Notice of Allowance
It feels like a win. You get the Notice of Allowance, which means the examiner is ready to approve your patent. Your invention is almost locked in. But right at this moment—when you think you can finally relax—is when things can fall apart.
The Hidden Deadline No One Talks About
After you get a Notice of Allowance, you’re on a tight clock. The patent office expects you to pay the issue fee within three months. Most founders see that as a final box to check.
But here’s what often gets missed: once the Notice is sent out, you can’t submit anything new unless you go through extra steps.
That includes updates like a new IDS, which is how you disclose relevant prior art. Maybe you found something new. Maybe a foreign patent office cited new art.
Or maybe a related application turned something up. Either way, you’re now holding info that the USPTO legally needs to see—but there’s no easy door to submit it.
Why Prior Art Still Matters—Even at the Finish Line
Even when your patent is close to approval, prior art can still affect its strength. If you don’t disclose it, you run the risk of later legal trouble—like having your patent challenged in court.
That’s why it’s not optional. You must file that IDS.
But here’s the trap: once the Notice of Allowance goes out, the examiner is technically done. So if you need them to look at something new, the default path is an RCE. That’s the only way to formally reopen prosecution.
The RCE Trap: Time, Cost, and Delay
Filing a Request for Continued Examination sounds simple. But it’s not a small thing. You have to pay hundreds of dollars in extra fees. You also lose momentum.
What was supposed to be a smooth path to issue now becomes another round of waiting. Your patent might get pushed back months. Sometimes even longer.
And here’s the kicker—if you’re not actually making any arguments or changes, just submitting an IDS, an RCE is massive overkill. But that’s exactly what most people end up doing.
Not because they want to—but because they don’t know there’s a better way.
How These Delays Hurt Startups and Innovators
For early-stage startups, time is leverage. Every delay in your IP slows down investor conversations, partner discussions, licensing deals, and even product launches.
When your patent stays in limbo, it creates uncertainty. And uncertainty is the enemy of momentum.
Worse, an RCE resets how long it takes your patent to issue. That pushes your grant date out and can impact everything from patent term adjustments to enforcement strategies.
Most startups don’t realize this until they’re knee-deep in delay. By then, it’s too late to undo.
Why You Can’t Afford to Miss a QPIDS Opportunity
QPIDS exists specifically to solve this exact problem. But most founders don’t hear about it from their attorneys. It’s not a default move. It requires proactive strategy.
You have to catch the timing. You have to file it right. And you have to do it fast.
If you miss the window, your only real choice is to start over with an RCE. That means burning cash, waiting longer, and giving up control—all for something that could’ve been handled with a quick submission.
Strategic Advice for Staying Ahead
The smartest move is to always assume you’ll need to file an IDS after a Notice of Allowance. Expect it. Build it into your workflow.
As soon as you get a Notice, review all related cases, foreign office actions, and recent references. Flag anything that might need to be disclosed.
Don’t wait for the USPTO to remind you. Take the lead. File that IDS early, and if you’re past the allowance stage, get ready to use QPIDS.
That way, your patent keeps moving, your legal risk stays low, and you keep your launch timeline intact.
The Problem With Filing an RCE Just for an IDS
At first glance, filing a Request for Continued Examination might seem like the “safe” thing to do. You’ve got new prior art to disclose, and you’re told an RCE is the only way to get it in front of the examiner.
So you file it. You pay the fee. You wait.
But here’s what nobody tells you: if you’re not making any actual changes or arguments, filing an RCE is like breaking down a wall just to open a window.
It’s a massive, unnecessary detour that slows everything down—and costs way more than it should.
RCEs Are Built for Rejections, Not Disclosures
The original purpose of an RCE is to keep prosecution going when there’s a disagreement. You file one when the examiner rejects your claims, and you want another shot. That’s fair. That’s what it’s designed for.
But if you’re just submitting an IDS—especially something like foreign prior art that you’re legally obligated to disclose—you’re not trying to argue or change anything. You’re just keeping the record clean. That’s it.
And yet, under normal rules, the USPTO still treats it the same way. That means you get bumped back into prosecution, your allowance gets pulled, and the entire process restarts.
What You’re Really Paying For
Filing an RCE comes with a fee. But that’s just the surface. What you’re really paying for is lost time and lost leverage. When you reopen prosecution, your patent sits in line—again.
You lose your place in the queue. Your application might go untouched for weeks or months.
For fast-moving businesses, this delay can crush momentum. Investors want clarity. Partners want certainty. If you’re stuck explaining why your patent didn’t issue “on time,” you look unprepared—even if it’s not your fault.
How Attorneys Get This Wrong
Even experienced patent attorneys often default to RCEs. It’s safe. It’s predictable. It keeps them from having to explain something less familiar, like QPIDS.
But this approach isn’t aligned with what startups actually need. You want speed, clarity, and a clean file wrapper. You don’t want to pay extra or wait longer just to stay compliant.
When your attorney tells you “you need to file an RCE,” your next question should be: Why? If you’re not changing claims or arguing a rejection, then you should be asking about QPIDS instead.
Filing an RCE Can Lead to Examiner Drift
One problem with reopening prosecution is that it can lead to subtle but costly changes. The examiner might look at the claims differently. They may cite new art.
They could raise new objections. Suddenly, you’re in a fresh round of back-and-forth, all because you reopened a door that didn’t need to be touched.
You went from “allowed” to “back to square one” just by trying to stay honest. That’s not how the system should work—but it’s often how it does.
The Cost of Playing It Safe
Startups can’t afford to burn time. Every quarter matters. Every patent matters. When you file an RCE you didn’t need, you’re not just spending money.
You’re slowing down everything. Your legal team has to do more work. Your launch plan may need to shift. Your ability to enforce the patent later could even be affected if the claims get tweaked.
And all of that started with a simple goal: submitting prior art.
That’s why smart founders push for a better option. Not just what’s standard. But what’s actually strategic.
What QPIDS Really Is—and Why It Changes Everything
QPIDS is short for Quick Path Information Disclosure Statement.
That sounds like a mouthful, but the idea behind it is simple: if your patent has already been allowed, and you just need to submit an IDS—QPIDS gives you a way to do it without throwing everything off track.
It’s one of those tools the USPTO created to make life easier. But because it’s not talked about much, most inventors, engineers, and even legal teams overlook it.
That’s a shame—because QPIDS can save you real time and real money.
The Shortcut That Still Keeps You in Compliance
Normally, submitting an IDS after allowance triggers a mess. The examiner can’t consider it unless you file an RCE. But QPIDS offers a smoother route.
You file the IDS, along with a special request under QPIDS. That request asks the examiner to consider the new art without reopening prosecution—only if the new references don’t affect the allowed claims.
If the examiner reviews it and still believes your claims are fine, you’re good to go. No RCE. No delay. Your patent moves forward exactly as planned.
Why the Timing Matters So Much
QPIDS is only available during a very specific window. You have to file it after the Notice of Allowance, but before the patent is issued. That means you can’t wait around.
Once the Notice hits, the clock starts ticking. Wait too long, and you’ll miss the chance.
That’s why your team needs to be ready. As soon as you see that Notice, you should be asking: “Do we have any art to disclose?” If the answer is yes, QPIDS might be your golden ticket.
The Win-Win for Everyone Involved
The USPTO created QPIDS not just to help applicants, but to streamline its own process. RCEs are a burden—for both sides. They clog the system. They restart the cycle.
But with QPIDS, the office can quickly verify that the prior art doesn’t change anything—and move the patent to issue without the usual slowdown.
It’s efficient. It’s cleaner. And it keeps the legal record intact.
Your Patent Stays Strong—and Keeps Moving
One of the biggest benefits of QPIDS is that your claims stay untouched. You’re not making any changes, just adding transparency. That makes your patent stronger.
It shows you disclosed everything relevant. It avoids later challenges that might claim you hid prior art.
At the same time, your allowance doesn’t get revoked. You don’t lose patent term. You don’t mess with patent term adjustment (PTA). You keep all the benefits of your timeline—without taking a step back.
Why Most People Don’t Hear About It
Here’s the strange thing: QPIDS has been around for over a decade, but most founders and startups don’t even know it exists. That’s because it doesn’t get promoted.
It’s not always included in law firm workflows. It requires the attorney or agent to think proactively and handle the paperwork precisely.
It’s not that it’s hard—it’s just not routine. Which means unless you’re working with a team that knows how to use QPIDS, you might never get the option.
That’s why platforms like PowerPatent matter. We’ve built QPIDS strategy into the system. So when it’s the right move, you know about it early. No guesswork.
No unnecessary RCEs. Just smooth progress to a strong, clean patent.
How to Use QPIDS Step by Step (Without Screwing It Up)
QPIDS isn’t complicated—but it is precise. If you miss a small detail, your application can slip into RCE territory by accident. That’s why execution matters.
When done right, it keeps your patent moving without delays. When done wrong, it drags you back into the exact mess you were trying to avoid.
First, Understand What Makes You Eligible
You can only use QPIDS after you’ve received a Notice of Allowance and before the patent officially issues. That means you’re in a narrow window. If the patent has already issued, you’re out of luck.
If you haven’t received a Notice yet, QPIDS isn’t relevant yet.
The second key is that the IDS you want to submit must not require changes to your claims. If the new prior art is serious enough that it would force amendments or arguments, QPIDS won’t work.
You’d need to file an RCE in that case. But if it’s just art you need to disclose—and your claims can stand as-is—QPIDS is perfect.
Know Exactly What to File
Here’s the basic structure. First, you prepare your IDS. This is your list of references—usually patents or publications—that you’re disclosing. Make sure it’s complete.
You’re better off over-disclosing than missing something important.
Next, you file a special request for consideration under QPIDS. This includes a transmittal form, a signed statement that no claim amendments are being made, and a petition for withdrawal from issue if needed.
You also pay the required fees. These typically include the IDS fee and the issue fee—at the same time. That may feel strange, since you’re still waiting for a decision, but that’s how the QPIDS process works.
If the examiner decides the new references don’t change anything, your patent proceeds without delay. If not, the USPTO can convert the process into an RCE, using the fee you already paid as a fallback.
Let the Examiner Do Their Check
Once you file everything, the examiner reviews the IDS. If they believe the references don’t affect the claims, they’ll issue the patent as planned.
If they believe something needs to be changed, the USPTO will treat the QPIDS request as an RCE and reopen prosecution.
This is the fork in the road. But if your attorney has done the analysis up front—and confirms the prior art isn’t material—then the QPIDS path almost always works smoothly.
Keep Your Filing Clean and Clear
One of the most common mistakes is filing an IDS that looks like it might require a claim change, even when it doesn’t. That can trigger unnecessary examiner scrutiny.
So when you prepare your QPIDS submission, clarity is everything.
Make it clear that you’re not amending claims. Make it clear that you’re just disclosing. And make sure everything is timely—because if you file too close to the issue date, your QPIDS request might not be processed in time.
Communicate with the Examiner If Needed
You don’t have to sit in silence. If you’re on a tight timeline, or unsure how the IDS might be interpreted, your attorney can call the examiner. A quick phone call can clarify expectations and avoid confusion.
Examiners generally want the same thing you do: a smooth, clean path to issue. If you communicate proactively and professionally, they’ll usually work with you to make it happen.
How Smart Systems Can Help
At PowerPatent, we’ve built this process into our software. The moment you receive a Notice of Allowance, our tools automatically prompt you to check for new art and flag QPIDS as an option if you’re eligible.
No guessing. No delay. Just smart automation that keeps your patents moving forward.
This is how you stay ahead—by turning moments of potential friction into moments of smooth action.
When to Use QPIDS—and When to Avoid It
QPIDS is a powerful tool—but like any tool, it’s only effective when used the right way. It’s not for every situation. And using it when it doesn’t apply can slow you down or even weaken your patent.
So the key is knowing when it’s the right move—and when it’s not.
Use QPIDS When You’re Past Allowance and Need to Disclose
This is where QPIDS shines. You’ve already received a Notice of Allowance. You’re not changing any claims. You’re not arguing with the examiner.
But some new references just showed up—maybe from a foreign filing, maybe from a related case, maybe from a competitor’s publication.
In this moment, QPIDS is the best path forward. It lets you submit that IDS, stay in compliance, and keep your patent moving toward issue—without backing up into an RCE. You stay clean, fast, and protected.
Use QPIDS to Avoid Future Legal Risk
Sometimes, it’s not just about USPTO rules—it’s about long-term protection. Let’s say you skip filing an IDS post-allowance because it seems small. Then your patent issues.
A few years later, someone challenges it in court and says you withheld material prior art. That creates doubt. Even if you win, it creates legal noise.
QPIDS lets you clear the air before that ever happens. You get the examiner’s stamp of approval on the full record—and that can make a huge difference later if your patent is ever tested.
Avoid QPIDS If You’re Changing Claims
This is the biggest rule. If the new art is strong enough that your claims need to change, don’t try to force it through QPIDS.
That’s not what it’s built for. You’ll end up reopening prosecution anyway—and the USPTO might question why you didn’t just file an RCE in the first place.
In these cases, be honest. Take the RCE route. Amend the claims. Make your arguments. It’s slower, but it’s the right move if your original claims can’t stand as written.
Avoid QPIDS If the Patent Is Too Close to Issuance
There’s a risk window toward the end of the process. If you try to file QPIDS too late—maybe a week before the patent is set to issue—it might not be processed in time.
In that case, the patent could issue before the IDS is reviewed. That creates headaches, because now you’ve got a post-issue disclosure problem.
So if you’re going to use QPIDS, don’t wait. As soon as you get the Notice of Allowance, start reviewing related art and move quickly. That’s how you stay in control.
Think of QPIDS as a Safety Valve
The best way to view QPIDS is as your post-allowance safety net. It’s the tool that keeps things moving when you hit that moment of “Wait—we need to file one more thing.”
It’s fast, efficient, and clean—but only when used with precision.
If you’re running a startup, this matters more than ever. You can’t afford slowdowns. You can’t afford red tape. With QPIDS, you get to file clean, stay compliant, and move forward—all without stopping the clock.
Wrapping It Up
Getting your patent allowed is a huge milestone—but it’s not the finish line. Little things, like filing an IDS after a Notice of Allowance, can throw you off track fast. Most founders don’t see it coming. And when they’re told they need an RCE just to disclose a few references, they nod and sign—without realizing there’s a smarter way.
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