37 CFR § 1.18 — Patent post allowance (including issue) (MPEP Coverage Index) — BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.18, including 101 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

This section covers post allowance fees related to patent issuance, specifically requiring an authorization to charge these fees to a deposit account only after the mailing of the notice of allowance.

What this section covers

• Defines post allowance fees and their relation to patent issuance.

Key obligations

• Requires filing an authorization to charge post allowance fees, including issue fees, to a deposit account after the notice of allowance is mailed.
• Ensures that any deposit account authorization is properly set up and filed in a timely manner.
• States that filing an authorization to charge post allowance fees, including issue fees, to a deposit account is required after the notice of allowance.

Practice notes

• Practitioners should ensure the deposit account is correctly identified and filed in a timely manner to avoid delays.
• Avoid delays in filing the authorization after receiving notice of allowance to ensure timely payment of post allowance fees.

Pending USPTO Updates

USPTO lists the following post-January 31, 2024 publications as updates not yet incorporated into the current MPEP revision. BlueIron has reviewed the linked USPTO source documents and cross-referenced these updates by affected topic, citation, and identified MPEP target when stated by USPTO. USPTO Subsequent Publications

• Supersedes Revised and New Form Paragraphs in View of Setting and Adjusting Patent Fees During Fiscal Year 2025 (Final Rule)
  Memorandum to the Examining Corps | 2025-01-17
  USPTO source document
  37 CFR 1.16; 37 CFR 1.17; 37 CFR 1.18
  Identified USPTO change targets:

  • form paragraph: 2.14 – USPTO memorandum identifies this as a new form paragraph implementing Fiscal Year 2025 patent fee changes.
  • form paragraph: 6.49.11 – USPTO memorandum identifies this as a new form paragraph implementing Fiscal Year 2025 patent fee changes.
  • form paragraph: 6.49.12 – USPTO memorandum identifies this as a new form paragraph implementing Fiscal Year 2025 patent fee changes.
  • form paragraph group: 2.01, 2.05, 2.06, 2.09, 2.11.01, 2.15, 2.21.01, 2.22, 2.23, 2.39 – USPTO memorandum identifies these application-processing form paragraphs as revised.
  • form paragraph group: 6.49.01, 6.49.02, 6.49.03, 6.49.05, 6.55 – USPTO memorandum identifies these examination form paragraphs as revised.
  • form paragraph group: 7.39, 7.40, 7.40.01, 7.40.02.aia, 7.40.02.fti, 7.41, 7.41.03, 7.42.03.fti, 7.42.031.fti, 7.42.09, 7.54, 7.91, 7.98.01, 7.98.02, 7.123, 7.204, 7.205, 7.207 – USPTO memorandum identifies these rejection-response form paragraphs as revised.
  • 1 additional target(s) listed in the JSON artifact.
• Setting and Adjusting Patent Fees During Fiscal Year 2025
  Final rule and correction | 2024-11-20 | 89 FR 91898; 90 FR 3036
  USPTO source document
  37 CFR 1.16; 37 CFR 1.17; 37 CFR 1.18

Related Provisions

• 37 CFR § 1.17
• 37 CFR § 1.211
• 37 CFR § 1.705
• 37 CFR § 1.102
• 37 CFR § 1.704

Based on MPEP Last Modified: 10/30/2024 08:50:22