What is the requirement for submitting an IDS after the final Office action?

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The requirement for submitting an Information Disclosure Statement (IDS) after a final Office action is that it must be done before paying the issue fee. This means that if a patent application has received a final Office action, the applicant can still submit an IDS, but they must ensure that the submission occurs prior to the payment of the issue fee. The requirement is in place to allow the examiner to consider any new references or information that may be relevant to the patentability of the claims before the patent is officially granted.

Submitting an IDS after the final Office action but before the issue fee payment provides a window during which the applicant can enhance the prosecution record without jeopardizing the ability to receive a patent. This is important for ensuring that all pertinent information is disclosed to the examiner, which can affect the patent's validity.

In contrast to this correct understanding, the other provided choices misrepresent the process. Submitting an IDS after a final action is not completely prohibited; rather, it can be done strictly within the procedural constraints of the issue fee payment timeline.

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