How does the USPTO maintain file history clarity for returned Notices of Allowance?

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.

The USPTO maintains file history clarity for returned Notices of Allowance through a systematic process:

  1. Retaining the original document
  2. Keeping a copy of the returned document with any markings
  3. Storing the remailed document in the application file

This procedure is outlined in MPEP 1303.02, which states: “The original document, a copy of the returned document with any markings, and the remailed document should be retained in the application so that the file history is clear.” By keeping all these documents, the USPTO ensures a transparent and complete record of the Notice of Allowance’s journey, including any delivery issues and subsequent actions taken.

Tags: File History, notice of allowance, patent records, uspto document retention