MPEP § 203 — Status of Applications (Annotated Rules)

§203 Status of Applications

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 203, 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.

Status of Applications

This section addresses Status of Applications. Primary authority: 37 CFR 1.114), 37 CFR 1.114, and 37 CFR 1.313). Contains: 11 statements.

Key Rules

Topic

Customer Number Practice

4 rules
StatutoryInformativeAlways
[mpep-203-63017336d6e81bb77d80cf04]
Status Information Available Through Patent Center
Note:
Registered users can access both public and non-public status information for patent applications through the USPTO's Patent Center, which has a private view requiring association with a Customer Number.

Status information relating to patent applications is available through the USPTO patent electronic filing system (Patent Center, which has a private view and a public view). Patent Center public view provides access to all issued patents and published patent applications. Private view allows registered users to access application information that has not been made public in addition to what is also available in public view. Viewing non-public information in Patent Center private view requires that the application or patent be associated with the viewer’s Customer Number. See MPEP § 403 for Customer Number practice.

Jump to MPEP SourceCustomer Number PracticeCorrespondence AddressThird Party Access to Files (MPEP 103, 1134.01)
StatutoryInformativeAlways
[mpep-203-7d8df75cc93e9eba98b55c91]
Public Access to Issued Patents and Published Applications
Note:
Provides access to all issued patents and published patent applications through the USPTO's Patent Center public view.

Status information relating to patent applications is available through the USPTO patent electronic filing system (Patent Center, which has a private view and a public view). Patent Center public view provides access to all issued patents and published patent applications. Private view allows registered users to access application information that has not been made public in addition to what is also available in public view. Viewing non-public information in Patent Center private view requires that the application or patent be associated with the viewer’s Customer Number. See MPEP § 403 for Customer Number practice.

Jump to MPEP SourceCustomer Number PracticeCorrespondence AddressAccess to Published Applications (37 CFR 1.14(a))
StatutoryInformativeAlways
[mpep-203-a97873a58b50917094c050a6]
Private View Allows Additional Application Information Access for Registered Users
Note:
Registered users can access non-public application information in addition to public view content through the USPTO Patent Center private view.

Status information relating to patent applications is available through the USPTO patent electronic filing system (Patent Center, which has a private view and a public view). Patent Center public view provides access to all issued patents and published patent applications. Private view allows registered users to access application information that has not been made public in addition to what is also available in public view. Viewing non-public information in Patent Center private view requires that the application or patent be associated with the viewer’s Customer Number. See MPEP § 403 for Customer Number practice.

Jump to MPEP SourceCustomer Number PracticeCorrespondence AddressThird Party Access to Files (MPEP 103, 1134.01)
StatutoryInformativeAlways
[mpep-203-57cdf3ccce5c03e3b89f9b9d]
Application Must Be Associated With Viewer’s Customer Number for Private View
Note:
To view non-public information in Patent Center private view, the application must be associated with the viewer's Customer Number.

Status information relating to patent applications is available through the USPTO patent electronic filing system (Patent Center, which has a private view and a public view). Patent Center public view provides access to all issued patents and published patent applications. Private view allows registered users to access application information that has not been made public in addition to what is also available in public view. Viewing non-public information in Patent Center private view requires that the application or patent be associated with the viewer’s Customer Number. See MPEP § 403 for Customer Number practice.

Jump to MPEP SourceCustomer Number PracticeCorrespondence AddressThird Party Access to Files (MPEP 103, 1134.01)
Topic

Petition to Revive (37 CFR 1.137)

4 rules
StatutoryInformativeAlways
[mpep-203-a44962a5e15a9993e0e72626]
Use Patent Center for Status Inquiries
Note:
Applicants are encouraged to use Patent Center to check the status of their applications instead of other methods.

Applicants are encouraged to use Patent Center to make status inquiries. See subsection I, above. A stamped postcard receipt or Electronic Acknowledgement Receipt for replies to Office actions, adequately and specifically identifying the papers filed, will be considered prima facie proof of receipt of such papers. See MPEP § 503. Where such proof indicates the timely filing of a reply, the submission of a copy of the postcard or Electronic Acknowledgement Receipt with a copy of the reply will ordinarily obviate the need for a petition to revive. Proof of receipt of a timely reply to a final action will obviate the need for a petition to revive only if the reply was in compliance with 37 CFR 1.113. See also www.uspto.gov/patents/apply/ checking-application-status/e-office-action-program.

Jump to MPEP Source · 37 CFR 1.113Petition to Revive (37 CFR 1.137)Revival Petition RequirementsCommon Petition Types
StatutoryInformativeAlways
[mpep-203-b650909c2022a9b38ae0347d]
Proof of Receipt for Office Actions Required
Note:
Applicants must provide proof of receipt for replies to office actions, which can be a postcard receipt or Electronic Acknowledgement Receipt.

Applicants are encouraged to use Patent Center to make status inquiries. See subsection I, above. A stamped postcard receipt or Electronic Acknowledgement Receipt for replies to Office actions, adequately and specifically identifying the papers filed, will be considered prima facie proof of receipt of such papers. See MPEP § 503. Where such proof indicates the timely filing of a reply, the submission of a copy of the postcard or Electronic Acknowledgement Receipt with a copy of the reply will ordinarily obviate the need for a petition to revive. Proof of receipt of a timely reply to a final action will obviate the need for a petition to revive only if the reply was in compliance with 37 CFR 1.113. See also www.uspto.gov/patents/apply/ checking-application-status/e-office-action-program.

Jump to MPEP Source · 37 CFR 1.113Petition to Revive (37 CFR 1.137)Revival Petition RequirementsCommon Petition Types
StatutoryInformativeAlways
[mpep-203-f0f5cc18a6fadeb26c388199]
Proof of Timely Reply Using Postcard or Electronic Acknowledgement
Note:
A stamped postcard receipt or electronic acknowledgement will serve as prima facie proof of timely filing for replies to Office actions, obviating the need for a petition to revive if the reply was in compliance with 37 CFR 1.113.

Applicants are encouraged to use Patent Center to make status inquiries. See subsection I, above. A stamped postcard receipt or Electronic Acknowledgement Receipt for replies to Office actions, adequately and specifically identifying the papers filed, will be considered prima facie proof of receipt of such papers. See MPEP § 503. Where such proof indicates the timely filing of a reply, the submission of a copy of the postcard or Electronic Acknowledgement Receipt with a copy of the reply will ordinarily obviate the need for a petition to revive. Proof of receipt of a timely reply to a final action will obviate the need for a petition to revive only if the reply was in compliance with 37 CFR 1.113. See also www.uspto.gov/patents/apply/ checking-application-status/e-office-action-program.

Jump to MPEP Source · 37 CFR 1.113Petition to Revive (37 CFR 1.137)Revival Petition RequirementsCommon Petition Types
StatutoryInformativeAlways
[mpep-203-1c0239b4a7d6ee9c84def687]
Timely Reply Proof for Revival
Note:
A timely reply in compliance with 37 CFR 1.113 provides prima facie proof obviating the need for a petition to revive.

Applicants are encouraged to use Patent Center to make status inquiries. See subsection I, above. A stamped postcard receipt or Electronic Acknowledgement Receipt for replies to Office actions, adequately and specifically identifying the papers filed, will be considered prima facie proof of receipt of such papers. See MPEP § 503. Where such proof indicates the timely filing of a reply, the submission of a copy of the postcard or Electronic Acknowledgement Receipt with a copy of the reply will ordinarily obviate the need for a petition to revive. Proof of receipt of a timely reply to a final action will obviate the need for a petition to revive only if the reply was in compliance with 37 CFR 1.113. See also www.uspto.gov/patents/apply/ checking-application-status/e-office-action-program.

Jump to MPEP Source · 37 CFR 1.113Petition to Revive (37 CFR 1.137)Revival Petition RequirementsCommon Petition Types
Topic

First Action on Merits (FAOM)

2 rules
StatutoryInformativeAlways
[mpep-203-e145bce7020a8b47a676851f]
Nonprovisional Application Before First Office Action
Note:
A nonprovisional application is considered new until the examiner takes any action. Amendments before the first office action do not change this status.

A “new” application is a nonprovisional application that has not yet received an action by the examiner. An amendment filed prior to the first Office Action does not alter the status of a “new” application. Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing. See MPEP § 706.07(h).

Jump to MPEP Source · 37 CFR 1.114)First Action on Merits (FAOM)Amendments Adding New MatterTypes of Office Actions
StatutoryInformativeAlways
[mpep-203-15cb72856cbc41d4f04534a0]
Amendment Before First Office Action Does Not Alter New Application Status
Note:
An amendment filed before the first Office Action does not change the status of a new application that has not yet received an examiner's action.

A “new” application is a nonprovisional application that has not yet received an action by the examiner. An amendment filed prior to the first Office Action does not alter the status of a “new” application. Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing. See MPEP § 706.07(h).

Jump to MPEP Source · 37 CFR 1.114)First Action on Merits (FAOM)Amendments Adding New MatterTypes of Office Actions
Topic

RCE Filing Requirements

1 rules
StatutoryInformativeAlways
[mpep-203-57a78c4a51dd7826c53f908d]
Request for Continued Examination Not a New Application
Note:
A request for continued examination does not constitute a new application filing.

A “new” application is a nonprovisional application that has not yet received an action by the examiner. An amendment filed prior to the first Office Action does not alter the status of a “new” application. Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing. See MPEP § 706.07(h).

Jump to MPEP Source · 37 CFR 1.114)RCE Filing RequirementsRCE vs Continuation ApplicationStatutory Authority for Examination
Topic

Patent Issue and Publication

1 rules
StatutoryInformativeAlways
[mpep-203-802cd2f34068b2852d321eed]
Notice of Allowance Marks Allowed Status
Note:
An application is considered allowed after a notice of allowance has been sent, indicating it meets all statutory requirements until it issues as a patent.

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).

Jump to MPEP Source · 37 CFR 1.313)Patent Issue and PublicationPublication Fee Due at IssueIssue Fees
Topic

Publication Fee Due at Issue

1 rules
StatutoryRequiredAlways
[mpep-203-f8e347ab9045da89f1124859]
Status of Allowed Nonprovisional Applications
Note:
An allowed nonprovisional application remains in status until it issues as a patent, unless withdrawn or abandoned due to fees.

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).

Jump to MPEP Source · 37 CFR 1.313)Publication Fee Due at IssueIssue FeesIssue Fee Payment
Topic

Issue Fees

1 rules
StatutoryInformativeAlways
[mpep-203-e83779716c7c4339b98d2e34]
Abandoned Application Requirements
Note:
An application is considered abandoned if it is removed from the Office docket due to formal abandonment, failure to take required actions, or non-payment of issue fees.
An abandoned application is, inter alia, one which is removed from the Office docket of pending applications:
  • (A) through formal abandonment by the applicant or by the attorney or agent of record;
  • (B) through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application;
  • (C) for failure to pay the issue fee (MPEP § 711 to § 711.05); or
  • (D) in the case of a provisional application, no later than 12 months after the filing date of the provisional application (see MPEP § 711.03(c) and 35 U.S.C. 111(b)(5)).
Jump to MPEP SourceIssue FeesFee RequirementsExaminer Docket Management
Topic

Access to Patent Application Files (MPEP 101-106)

1 rules
StatutoryRecommendedAlways
[mpep-203-a85bc2a99614cbe7a3515d29]
Correspondent Not Entitled to Information Must Be Informed
Note:
If a correspondent is not entitled to certain information, they must be informed of this fact according to 37 CFR 1.14.

If the correspondent is not entitled to the information, in view of 37 CFR 1.14, the correspondent should be so informed.

Jump to MPEP Source · 37 CFR 1.14Access to Patent Application Files (MPEP 101-106)
Topic

Notice of Allowance Form and Content

1 rules
StatutoryPermittedAlways
[mpep-203-4b4f660f33e1465de483fe34]
Notice of Allowability Form and Status Inquiries for Patents
Note:
The mailing of a Notice of Allowability form (PTOL-37) along with a formal Notice of Allowance and Fee(s) Due (PTOL-85) obviates the need for status inquiries, unless the PTOL-85 is not received within three months.

A Notice of Allowability, Form PTOL-37, is routinely mailed in every application determined to be allowable. Thus, the mailing of a form PTOL-37 in addition to a formal Notice of Allowance and Fee(s) Due (PTOL-85) in all allowed applications would seem to obviate the need for status inquiries even as a precautionary measure where the applicant may believe the new application may have been passed to issue on the first examination. However, as an exception, a status inquiry would be appropriate where a Notice of Allowance (PTOL-85) is not received within three months from receipt of form PTOL-37.

Jump to MPEP SourceNotice of Allowance Form and ContentNotice of Allowance Period (3 Months)Maintenance Fee Amounts

Citations

Primary topicCitation
Issue Fees35 U.S.C. § 111(b)(5)
Petition to Revive (37 CFR 1.137)37 CFR § 1.113
First Action on Merits (FAOM)
RCE Filing Requirements
37 CFR § 1.114
Access to Patent Application Files (MPEP 101-106)37 CFR § 1.14
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
37 CFR § 601.01(d)
Issue Fees37 CFR § 711.05
MPEP § 102
MPEP § 1730
MPEP § 203.08(a)
Customer Number PracticeMPEP § 403
Petition to Revive (37 CFR 1.137)MPEP § 503
MPEP § 506
First Action on Merits (FAOM)
RCE Filing Requirements
MPEP § 706.07(h)
Issue FeesMPEP § 711
Issue FeesMPEP § 711.03(c)

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.

BlueIron Last Updated: 2025-12-31