35 U.S.C. § 151 — Issue of patent (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 151 Issue of patent
This page consolidates MPEP guidance interpreting 35 U.S.C. § 151, including 148 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
35 USC 151 governs the patent issuance process, requiring applicants to pay a specified issue fee and complete administrative requirements to transform a patent allowance into an official patent grant.
What this section covers
- The procedural transition from patent allowance to official patent issuance
- Legal framework established by the Patent Law Treaties Implementation Act for patent issuance
Key obligations
- Pay the exact issue fee specified in the Notice of Allowance within the prescribed timeframe
- Complete all administrative requirements before patent can be officially issued
Conditions and exceptions
- Potential patent term adjustments that may impact final patent issuance
Practice notes
- Carefully review the Notice of Allowance for precise fee requirements and deadlines
- Track and potentially request reconsideration of patent term calculations
Official MPEP § 151 — Issue of patent
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 151 Issue of patent.
(a) IN GENERAL.—If it appears that an applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice shall specify a sum, constituting the issue fee and any required publication fee, which shall be paid within 3 months thereafter.
(b) EFFECT OF PAYMENT.—Upon payment of this sum the patent may issue, but if payment is not timely made, the application shall be regarded as abandoned.
(Amended July 24, 1965, Public Law 89-83, sec. 4, 79 Stat. 260; Jan. 2, 1975, Public Law 93-601, sec. 3, 88 Stat. 1956; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); Dec. 18, 2012, Public Law 112-211, sec. 202(b)(6), 126 Stat. 1536.)
- Aia Practice
- Applicability
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- Aia 102A1
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- Appeal Notice
- Judicial Review
- Reply Brief
- Director Authority
- Common Petition Types
- Petition Revive
- Ex Parte Reexamination
- Reexamination Request
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- Allowance Practice
- Examiner Action
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- Action Types
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- Final Rejection
- After Final Practice
- Rce Practice
- Fees
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- Issue Fee
- Issue Fee Timing
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- Examiner Amendment
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- Withdrawal From Issue
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- Pct
- Pct Amendments Article 19
- Pct Description Claims
- Pct Filing
- Pct National Stage Entry
- Section 112
- Section 112A
- New Matter
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- Supplemental Examination