When should a Notice of Allowability be issued?

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.

A Notice of Allowability should be issued promptly whenever an application has been placed in condition for allowance. The MPEP 1302.03 states:

“In all instances, both before and after final rejection, in which an application is placed in condition for allowance, applicant should be notified promptly of allowability of the claims by a Notice of Allowability PTOL-37.”

This means that the Notice of Allowability can be issued at various stages of the examination process, including before and after a final rejection, as long as the application meets the conditions for allowance.