How does an application being “substantially allowable” affect its processing?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
When an application is deemed “substantially allowable,” it receives special status and is processed more quickly. MPEP § 1301 states:
“When an application is in condition for allowance, except as to matters of form, the application will be considered special and prompt action taken to require correction of formal matters.”
This means that the USPTO will expedite the handling of the application to address any remaining formal issues, allowing the patent to be granted more quickly than it would in regular processing.