What is the difference between an ‘allowed’ application and an application ‘in issue’?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 8 Rules 5 Related FAQs 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. According to the MPEP, there is no substantial difference between an ‘allowed’ application and an application ‘in issue’. The MPEP uses these terms interchangeably: “An ‘allowed’ nonprovisional application or an application ‘in issue’ is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant.” Both terms refer to an application that has passed examination and is awaiting issuance as a patent, provided that all necessary fees are paid and no issues arise that would necessitate withdrawal from issue. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Information Required for Examination Not Necessarily Material to Patentability MPEP 2005 Required Individuals Must Disclose Material Information for Patentability MPEP 2005 Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Materiality vs Reasonable Necessity for Disclosure MPEP 2005 Permitted Examiner May Require Assignee Information MPEP 2005 Permitted Examiner Can Require Drug Product Manufacturing Details MPEP 2005 Permitted Requirement for Submission of Non-Patentability Material MPEP 2001.04 Other Related FAQs 5 FAQs Collapse What is an inventor&#8217;s certificate and how does it relate to patent priority rights? What happens if an international application designating the US is withdrawn? How does an international application designating the US affect benefit claims? Can an international application be used as a basis for priority in a U.S. national application? What happens if an international application designating the US is published i...