How does the USPTO handle post-allowance and appeal procedures in Accelerated Examination applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
For post-allowance and appeal procedures in Accelerated Examination applications:
- The mailing of a notice of allowance or filing of a notice of appeal is considered the final disposition for the 12-month goal
- Applicants must pay the issue fee within three months of the notice of allowance to avoid abandonment
- To expedite issuance, applicants should pay fees within one month and avoid unnecessary post-allowance submissions
- For appeals, applicants should promptly file required documents and not request a pre-appeal brief conference
- The application retains special status after PTAB decisions
The MPEP states: “The mailing of a notice of allowance is the final disposition for purposes of the twelve-month goal for the accelerated examination program.” It also notes: “The mailing of a final Office action or the filing of a notice of appeal, whichever is earlier, is the final disposition for purposes of the twelve-month goal for the accelerated examination program.”