MPEP § 203.04 — Allowed or in Issue (Annotated Rules)
§203.04 Allowed or in Issue
This page consolidates and annotates all enforceable requirements under MPEP § 203.04, 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.
Allowed or in Issue
This section addresses Allowed or in Issue. Primary authority: 37 CFR 1.313), 37 CFR 1.314, and 37 CFR 1.313. Contains: 1 requirement and 1 other statement.
Key Rules
Patent Issue and Publication
An “allowed” nonprovisional application or an application “in issue” is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant. Its status as an “allowed” application continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue (37 CFR 1.313), or becomes abandoned for failure to pay the issue fee and any required publication fee (37 CFR 1.314 and 1.316).
Publication Fee Due at Issue
An “allowed” nonprovisional application or an application “in issue” is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant. Its status as an “allowed” application continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue (37 CFR 1.313), or becomes abandoned for failure to pay the issue fee and any required publication fee (37 CFR 1.314 and 1.316).
Citations
| Primary topic | Citation |
|---|---|
| Patent Issue and Publication Publication Fee Due at Issue | 37 CFR § 1.313 |
| Patent Issue and Publication Publication Fee Due at Issue | 37 CFR § 1.314 |
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 § 203.04 — Allowed or in Issue
Source: USPTO203.04 Allowed or in Issue [R-07.2015]
An “allowed” nonprovisional application or an application “in issue” is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant. Its status as an “allowed” application continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue (37 CFR 1.313), or becomes abandoned for failure to pay the issue fee and any required publication fee (37 CFR 1.314 and 1.316).