MPEP § 1303 — Notice of Allowance (Annotated Rules)
§1303 Notice of Allowance
This page consolidates and annotates all enforceable requirements under MPEP § 1303, 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.
Notice of Allowance
This section addresses Notice of Allowance. Primary authority: 37 CFR 1.18, 37 CFR 1.311, and 37 CFR 1.211. Contains: 2 requirements, 1 permission, and 4 other statements.
Key Rules
Publication Fee Due at Issue
(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.
If an application is subject to publication under 37 CFR 1.211, the Notice of Allowance will require both the issue fee and the publication fee. See 37 CFR 1.211(e). It is noted that the publication fee was reset to $0.00 effective January 1, 2014. See Setting and Adjusting Patent Fees (78 FR 4212, Jan. 18,2013). A “Notice of Allowance and Fee(s) Due.” (PTOL-85) will be mailed to the correspondence address of record. The form includes the amount of any required publication fee, as provided in 37 CFR 1.211(e) and 1.311. The form includes an indication that the publication fee is due, if the application was subject to publication and the publication fee has not already been paid. Part B of the form (PTOL-85B) must be returned to the Office with the payment of the issue fee.
If an application is subject to publication under 37 CFR 1.211, the Notice of Allowance will require both the issue fee and the publication fee. See 37 CFR 1.211(e). It is noted that the publication fee was reset to $0.00 effective January 1, 2014. See Setting and Adjusting Patent Fees (78 FR 4212, Jan. 18,2013). A “Notice of Allowance and Fee(s) Due.” (PTOL-85) will be mailed to the correspondence address of record. The form includes the amount of any required publication fee, as provided in 37 CFR 1.211(e) and 1.311. The form includes an indication that the publication fee is due, if the application was subject to publication and the publication fee has not already been paid. Part B of the form (PTOL-85B) must be returned to the Office with the payment of the issue fee.
If an application is subject to publication under 37 CFR 1.211, the Notice of Allowance will require both the issue fee and the publication fee. See 37 CFR 1.211(e). It is noted that the publication fee was reset to $0.00 effective January 1, 2014. See Setting and Adjusting Patent Fees (78 FR 4212, Jan. 18,2013). A “Notice of Allowance and Fee(s) Due.” (PTOL-85) will be mailed to the correspondence address of record. The form includes the amount of any required publication fee, as provided in 37 CFR 1.211(e) and 1.311. The form includes an indication that the publication fee is due, if the application was subject to publication and the publication fee has not already been paid. Part B of the form (PTOL-85B) must be returned to the Office with the payment of the issue fee.
If an application is subject to publication under 37 CFR 1.211, the Notice of Allowance will require both the issue fee and the publication fee. See 37 CFR 1.211(e). It is noted that the publication fee was reset to $0.00 effective January 1, 2014. See Setting and Adjusting Patent Fees (78 FR 4212, Jan. 18,2013). A “Notice of Allowance and Fee(s) Due.” (PTOL-85) will be mailed to the correspondence address of record. The form includes the amount of any required publication fee, as provided in 37 CFR 1.211(e) and 1.311. The form includes an indication that the publication fee is due, if the application was subject to publication and the publication fee has not already been paid. Part B of the form (PTOL-85B) must be returned to the Office with the payment of the issue fee.
Notice of Allowance Form and Content
If an application is subject to publication under 37 CFR 1.211, the Notice of Allowance will require both the issue fee and the publication fee. See 37 CFR 1.211(e). It is noted that the publication fee was reset to $0.00 effective January 1, 2014. See Setting and Adjusting Patent Fees (78 FR 4212, Jan. 18,2013). A “Notice of Allowance and Fee(s) Due.” (PTOL-85) will be mailed to the correspondence address of record. The form includes the amount of any required publication fee, as provided in 37 CFR 1.211(e) and 1.311. The form includes an indication that the publication fee is due, if the application was subject to publication and the publication fee has not already been paid. Part B of the form (PTOL-85B) must be returned to the Office with the payment of the issue fee.
If an application is subject to publication under 37 CFR 1.211, the Notice of Allowance will require both the issue fee and the publication fee. See 37 CFR 1.211(e). It is noted that the publication fee was reset to $0.00 effective January 1, 2014. See Setting and Adjusting Patent Fees (78 FR 4212, Jan. 18,2013). A “Notice of Allowance and Fee(s) Due.” (PTOL-85) will be mailed to the correspondence address of record. The form includes the amount of any required publication fee, as provided in 37 CFR 1.211(e) and 1.311. The form includes an indication that the publication fee is due, if the application was subject to publication and the publication fee has not already been paid. Part B of the form (PTOL-85B) must be returned to the Office with the payment of the issue fee.
Correspondence Address Requirements
(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.
Notice of Allowance Period (3 Months)
(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.
AIA Effective Dates
For applications filed on or after September 16, 2012, if an application is in condition for allowance but does not include an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each actual inventor, the Office will issue a “Notice of Allowance and Fee(s) Due” (PTOL-85) together with a “Notice of Allowability” (PTOL-37) including a “Notice Requiring Inventor’s Oath or Declaration” (PTOL-2306) requiring the applicant to file an oath or declaration in compliance with 37 CFR 1.63, or substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each actual inventor, no later than the date of payment of the issue fee to avoid abandonment. If applicant receives a “Notice Requiring Inventor’s Oath or Declaration” and fails to file a proper reply to the notice before or with the payment of the issue fee, the application will be regarded as abandoned. See 37 CFR 1.53(f)(3) (ii).
Assignee as Applicant Signature
For applications filed on or after September 16, 2012, if an application is in condition for allowance but does not include an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each actual inventor, the Office will issue a “Notice of Allowance and Fee(s) Due” (PTOL-85) together with a “Notice of Allowability” (PTOL-37) including a “Notice Requiring Inventor’s Oath or Declaration” (PTOL-2306) requiring the applicant to file an oath or declaration in compliance with 37 CFR 1.63, or substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each actual inventor, no later than the date of payment of the issue fee to avoid abandonment. If applicant receives a “Notice Requiring Inventor’s Oath or Declaration” and fails to file a proper reply to the notice before or with the payment of the issue fee, the application will be regarded as abandoned. See 37 CFR 1.53(f)(3) (ii).
Citations
| Primary topic | Citation |
|---|---|
| Publication Fee Due at Issue | 37 CFR § 1.18 |
| Notice of Allowance Form and Content Publication Fee Due at Issue | 37 CFR § 1.211 |
| Correspondence Address Requirements Notice of Allowance Form and Content Notice of Allowance Period (3 Months) Publication Fee Due at Issue | 37 CFR § 1.211(e) |
| Correspondence Address Requirements Notice of Allowance Period (3 Months) Publication Fee Due at Issue | 37 CFR § 1.33 |
| AIA Effective Dates Assignee as Applicant Signature | 37 CFR § 1.53(f)(3) |
| AIA Effective Dates Assignee as Applicant Signature | 37 CFR § 1.63 |
| AIA Effective Dates Assignee as Applicant Signature | 37 CFR § 1.64 |
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 § 1303 — Notice of Allowance
Source: USPTO1303 Notice of Allowance [R-01.2024]
37 CFR 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.
A Notice of Allowance is prepared and mailed, and the mailing date appearing thereon is recorded in the image file wrapper table of contents.
If an application is subject to publication under 37 CFR 1.211, the Notice of Allowance will require both the issue fee and the publication fee. See 37 CFR 1.211(e). It is noted that the publication fee was reset to $0.00 effective January 1, 2014. See Setting and Adjusting Patent Fees (78 FR 4212, Jan. 18,2013). A “Notice of Allowance and Fee(s) Due.” (PTOL-85) will be mailed to the correspondence address of record. The form includes the amount of any required publication fee, as provided in 37 CFR 1.211(e) and 1.311. The form includes an indication that the publication fee is due, if the application was subject to publication and the publication fee has not already been paid. Part B of the form (PTOL-85B) must be returned to the Office with the payment of the issue fee.
For more information about eighteen month publication and publication fees, visit the USPTO Internet web site at www.uspto.gov.
For applications filed on or after September 16, 2012, if an application is in condition for allowance but does not include an oath or declaration in compliance with 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each actual inventor, the Office will issue a “Notice of Allowance and Fee(s) Due” (PTOL-85) together with a “Notice of Allowability” (PTOL-37) including a “Notice Requiring Inventor’s Oath or Declaration” (PTOL-2306) requiring the applicant to file an oath or declaration in compliance with 37 CFR 1.63, or substitute statement in compliance with 37 CFR 1.64, executed by or with respect to each actual inventor, no later than the date of payment of the issue fee to avoid abandonment. If applicant receives a “Notice Requiring Inventor’s Oath or Declaration” and fails to file a proper reply to the notice before or with the payment of the issue fee, the application will be regarded as abandoned. See 37 CFR 1.53(f)(3) (ii).
