MPEP § 1306.02 — Simultaneous Issuance of Patents (Annotated Rules)
§1306.02 Simultaneous Issuance of Patents
This page consolidates and annotates all enforceable requirements under MPEP § 1306.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Simultaneous Issuance of Patents
This section addresses Simultaneous Issuance of Patents. Contains: 2 requirements.
Key Rules
Notice of Allowance Form and Content
Where applications have been allowed and a Notice of Allowance and Fee(s) Due (PTOL-85) has been mailed in each application, a request for simultaneous issuance will be granted. Unless all the applications have reached this stage of processing, or a specific requirement of the regulations is involved (e.g., 37 CFR 1.177), a request for simultaneous issuance generally will not be granted.
Where applications have been allowed and a Notice of Allowance and Fee(s) Due (PTOL-85) has been mailed in each application, a request for simultaneous issuance will be granted. Unless all the applications have reached this stage of processing, or a specific requirement of the regulations is involved (e.g., 37 CFR 1.177), a request for simultaneous issuance generally will not be granted.
Simultaneous Issue of Patents
Applicants and their attorneys who desire the simultaneous issue of allowed applications must submit the request to: Mail Stop Issue Fee, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, Attention: Office of Patent Publication.
Fee Requirements
Separate copies of the request must accompany each Fee(s) Transmittal (PTOL-85B).
Citations
| Primary topic | Citation |
|---|---|
| Notice of Allowance Form and Content | 37 CFR § 1.177 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1306.02 — Simultaneous Issuance of Patents
Source: USPTO1306.02 Simultaneous Issuance of Patents [R-08.2012]
Where applications have been allowed and a Notice of Allowance and Fee(s) Due (PTOL-85) has been mailed in each application, a request for simultaneous issuance will be granted. Unless all the applications have reached this stage of processing, or a specific requirement of the regulations is involved (e.g., 37 CFR 1.177), a request for simultaneous issuance generally will not be granted.
Applicants and their attorneys who desire the simultaneous issue of allowed applications must submit the request to: Mail Stop Issue Fee, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, Attention: Office of Patent Publication.
The request must contain the following information about each allowed application for which simultaneous issue is requested:
- (A) Application number,
- (B) Filing date,
- (C) Name(s) of inventor(s),
- (D) Title of invention, and
- (E) Date of allowance.
Separate copies of the request must accompany each Fee(s) Transmittal (PTOL-85B).