What should patent attorneys do if they suspect a Notice of Allowance was not received?

If patent attorneys suspect that a Notice of Allowance was not received, they should take the following steps:

1. Check the USPTO’s Patent Application Information Retrieval (PAIR) system for updates on the application status.
2. Contact the USPTO promptly to inquire about the Notice of Allowance.
3. Provide updated contact information if there have been any changes.
4. Request a copy of the Notice of Allowance if it was indeed sent but not received.

While the MPEP 1303.02 doesn’t specifically address this scenario from the attorney’s perspective, it does indicate that the USPTO has procedures in place for undelivered notices: “In case a Notice of Allowance is returned, and a new notice is sent (see MPEP § 707.13), the date of sending the notice must be changed in the file to agree with the date of such remailing.”

It’s crucial for attorneys to be proactive in these situations to avoid any potential delays or issues in the patent application process.

To learn more:

• Notice of Allowance
• Patent Attorney Responsibilities
• USPTO Communication
• Patent Application Status