37 CFR § 1.311 — Notice of Allowance. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.311 Notice of Allowance.
This page consolidates MPEP guidance interpreting 37 CFR § 1.311, including 84 rules 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.
Summary
Under MPEP Section 37 CFR 1.311, practitioners must ensure the publication fee is paid before a patent is granted and must include an explanation for any additional time requested to file protests.
What this section covers
- Defines the requirement to pay the publication fee before a patent is granted.
- Identifies that this section covers ensuring the publication fee is paid before a patent is granted.
Key obligations
- Requires practitioners to pay the publication fee before a patent is granted.
- Informs that petitions for additional time to file protests must include an explanation and the nature of the protest.
- Informs practitioners that they must comply with authority set forth in USC/CFR for patent issuance and protest filings.
Practice notes
- Practitioners should ensure the publication fee is paid before filing for patent issuance.
- Avoid including an explanation and the nature of the protest in petitions for additional time to file protests.
Official MPEP § 1.311 — Notice of Allowance.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.311 Notice of Allowance.
- (a) If, on examination, it appears that the applicant is entitled to a patent under the law, a notice of allowance will be sent to the applicant at the correspondence address indicated in § 1.33 . The notice of allowance shall specify a sum constituting the issue fee and any required publication fee (§ 1.211(e)), which issue fee and any required publication fee must both be paid within three months from the date of mailing of the notice of allowance to avoid abandonment of the application. This three-month period is not extendable.
- (b) An authorization to charge the issue fee or other
post-allowance fees set forth in §
1.18
to a deposit account may be filed in an
individual application only after mailing of the notice of
allowance. The submission of either of the following after the
mailing of a notice of allowance will operate as a request to
charge the correct issue fee or any publication fee due to any
deposit account identified in a previously filed authorization to
charge such fees:
- (1) An incorrect issue fee or publication fee; or
- (2) A fee transmittal form (or letter) for payment of issue fee or publication fee.
[47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; para. (b) revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; revised, 65 FR 57024, Sept. 20, 2000, effective Nov. 29, 2000; para. (a) revised, 66 FR 67087, Dec. 28, 2001, effective Dec. 28, 2001; para. (b) revised, 69 FR 56481, Sept. 21, 2004, effective Sept. 21, 2004; para. (a) revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013]
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