Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 200 - Types and Status of Application; Benefit and Priority (4)
According to the MPEP, there is no substantial difference between an ‘allowed’ application and an application ‘in issue’. The MPEP uses these terms interchangeably:
“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.”
Both terms refer to an application that has passed examination and is awaiting issuance as a patent, provided that all necessary fees are paid and no issues arise that would necessitate withdrawal from issue.
To learn more:
An ‘allowed’ application is a nonprovisional patent application that has been examined and determined to meet all statutory requirements. The Manual of Patent Examining Procedure (MPEP) states:
“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.”
This means that the patent examiner has reviewed the application and found it to be in compliance with all applicable laws and regulations, and has subsequently issued a notice of allowance to the applicant.
To learn more:
An ‘allowed’ patent application is one that has been examined and determined to meet all statutory requirements. According to MPEP 203.04:
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.
The status of ‘allowed’ continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue or becomes abandoned for failure to pay the issue fee and any required publication fee.
For more information on allowed application, visit: allowed application.
For more information on notice of allowance, visit: notice of allowance.
For more information on patent issuance, visit: patent issuance.
To maintain an allowed application’s status and proceed to patent issuance, certain fees must be paid. The MPEP mentions two specific fees:
- Issue fee: This is the fee required for the USPTO to issue the patent.
- Publication fee: If applicable, this fee covers the cost of publishing the patent application.
The MPEP states that an application becomes abandoned “for failure to pay the issue fee and any required publication fee ( 37 CFR 1.314 and 1.316 ).” Therefore, timely payment of these fees is crucial to maintain the allowed status and proceed to patent issuance.
To learn more:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims (3)
MPEP 203.04 defines an ‘allowed’ or ‘in issue’ patent application as follows:
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).
Essentially, an application is ‘allowed’ when the examiner has determined it meets all requirements for patentability and has sent a Notice of Allowance. This status continues until the patent is issued, unless specific actions are taken to withdraw it or it becomes abandoned due to non-payment of fees.
Once a nonprovisional patent application has been examined and determined to meet all statutory requirements, a notice of allowance is sent to the applicant. The status of the application is then considered “allowed” or “in issue”. As per MPEP 203.04:
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).
According to MPEP 203.04:
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).
An ‘allowed’ application has passed examination and is ready to become a patent, pending payment of necessary fees.
MPEP 203 - Status of Applications (4)
MPEP 203.04 defines an ‘allowed’ or ‘in issue’ patent application as follows:
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).
Essentially, an application is ‘allowed’ when the examiner has determined it meets all requirements for patentability and has sent a Notice of Allowance. This status continues until the patent is issued, unless specific actions are taken to withdraw it or it becomes abandoned due to non-payment of fees.
Once a nonprovisional patent application has been examined and determined to meet all statutory requirements, a notice of allowance is sent to the applicant. The status of the application is then considered “allowed” or “in issue”. As per MPEP 203.04:
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).
An ‘allowed’ patent application is one that has been examined and determined to meet all statutory requirements. According to MPEP 203.04:
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.
The status of ‘allowed’ continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue or becomes abandoned for failure to pay the issue fee and any required publication fee.
For more information on allowed application, visit: allowed application.
For more information on notice of allowance, visit: notice of allowance.
For more information on patent issuance, visit: patent issuance.
According to MPEP 203.04:
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).
An ‘allowed’ application has passed examination and is ready to become a patent, pending payment of necessary fees.
MPEP 500 - Receipt and Handling of Mail and Papers (1)
Yes, drawing corrections can be made after the application has been allowed. However, such corrections must be approved by the examiner before the application can be processed for issue. If extensive corrections are required, the examiner may require that the corrections be filed with a Request for Continued Examination (RCE) under 37 CFR 1.114.
MPEP 507 - Drawing Review in the Office of Patent Application Processing (1)
Yes, drawing corrections can be made after the application has been allowed. However, such corrections must be approved by the examiner before the application can be processed for issue. If extensive corrections are required, the examiner may require that the corrections be filed with a Request for Continued Examination (RCE) under 37 CFR 1.114.
Patent Law (9)
MPEP 203.04 defines an ‘allowed’ or ‘in issue’ patent application as follows:
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).
Essentially, an application is ‘allowed’ when the examiner has determined it meets all requirements for patentability and has sent a Notice of Allowance. This status continues until the patent is issued, unless specific actions are taken to withdraw it or it becomes abandoned due to non-payment of fees.
Once a nonprovisional patent application has been examined and determined to meet all statutory requirements, a notice of allowance is sent to the applicant. The status of the application is then considered “allowed” or “in issue”. As per MPEP 203.04:
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).
According to the MPEP, there is no substantial difference between an ‘allowed’ application and an application ‘in issue’. The MPEP uses these terms interchangeably:
“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.”
Both terms refer to an application that has passed examination and is awaiting issuance as a patent, provided that all necessary fees are paid and no issues arise that would necessitate withdrawal from issue.
To learn more:
An ‘allowed’ application is a nonprovisional patent application that has been examined and determined to meet all statutory requirements. The Manual of Patent Examining Procedure (MPEP) states:
“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.”
This means that the patent examiner has reviewed the application and found it to be in compliance with all applicable laws and regulations, and has subsequently issued a notice of allowance to the applicant.
To learn more:
An ‘allowed’ patent application is one that has been examined and determined to meet all statutory requirements. According to MPEP 203.04:
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.
The status of ‘allowed’ continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue or becomes abandoned for failure to pay the issue fee and any required publication fee.
For more information on allowed application, visit: allowed application.
For more information on notice of allowance, visit: notice of allowance.
For more information on patent issuance, visit: patent issuance.
After a patent application is allowed, the handling of models, exhibits, or specimens depends on their size and nature. According to MPEP 608.03(a):
Upon notification from the Office of Patent Application Processing (OPAP) that an application is being allowed, the model, exhibit, or specimen is transferred to a permanent location for storage.
The specific handling process varies:
- Small items: Transferred to the File Information Unit for permanent storage.
- Large items: Photographed, if practical, and then disposed of, unless a specific request is made for return to the applicant.
It’s important to note that the USPTO may dispose of the models, exhibits, or specimens at its discretion two months after the application is allowed.
To learn more:
To maintain an allowed application’s status and proceed to patent issuance, certain fees must be paid. The MPEP mentions two specific fees:
- Issue fee: This is the fee required for the USPTO to issue the patent.
- Publication fee: If applicable, this fee covers the cost of publishing the patent application.
The MPEP states that an application becomes abandoned “for failure to pay the issue fee and any required publication fee ( 37 CFR 1.314 and 1.316 ).” Therefore, timely payment of these fees is crucial to maintain the allowed status and proceed to patent issuance.
To learn more:
According to MPEP 203.04:
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).
An ‘allowed’ application has passed examination and is ready to become a patent, pending payment of necessary fees.
Yes, drawing corrections can be made after the application has been allowed. However, such corrections must be approved by the examiner before the application can be processed for issue. If extensive corrections are required, the examiner may require that the corrections be filed with a Request for Continued Examination (RCE) under 37 CFR 1.114.
Patent Procedure (9)
MPEP 203.04 defines an ‘allowed’ or ‘in issue’ patent application as follows:
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).
Essentially, an application is ‘allowed’ when the examiner has determined it meets all requirements for patentability and has sent a Notice of Allowance. This status continues until the patent is issued, unless specific actions are taken to withdraw it or it becomes abandoned due to non-payment of fees.
Once a nonprovisional patent application has been examined and determined to meet all statutory requirements, a notice of allowance is sent to the applicant. The status of the application is then considered “allowed” or “in issue”. As per MPEP 203.04:
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).
According to the MPEP, there is no substantial difference between an ‘allowed’ application and an application ‘in issue’. The MPEP uses these terms interchangeably:
“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.”
Both terms refer to an application that has passed examination and is awaiting issuance as a patent, provided that all necessary fees are paid and no issues arise that would necessitate withdrawal from issue.
To learn more:
An ‘allowed’ application is a nonprovisional patent application that has been examined and determined to meet all statutory requirements. The Manual of Patent Examining Procedure (MPEP) states:
“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.”
This means that the patent examiner has reviewed the application and found it to be in compliance with all applicable laws and regulations, and has subsequently issued a notice of allowance to the applicant.
To learn more:
An ‘allowed’ patent application is one that has been examined and determined to meet all statutory requirements. According to MPEP 203.04:
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.
The status of ‘allowed’ continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue or becomes abandoned for failure to pay the issue fee and any required publication fee.
For more information on allowed application, visit: allowed application.
For more information on notice of allowance, visit: notice of allowance.
For more information on patent issuance, visit: patent issuance.
After a patent application is allowed, the handling of models, exhibits, or specimens depends on their size and nature. According to MPEP 608.03(a):
Upon notification from the Office of Patent Application Processing (OPAP) that an application is being allowed, the model, exhibit, or specimen is transferred to a permanent location for storage.
The specific handling process varies:
- Small items: Transferred to the File Information Unit for permanent storage.
- Large items: Photographed, if practical, and then disposed of, unless a specific request is made for return to the applicant.
It’s important to note that the USPTO may dispose of the models, exhibits, or specimens at its discretion two months after the application is allowed.
To learn more:
To maintain an allowed application’s status and proceed to patent issuance, certain fees must be paid. The MPEP mentions two specific fees:
- Issue fee: This is the fee required for the USPTO to issue the patent.
- Publication fee: If applicable, this fee covers the cost of publishing the patent application.
The MPEP states that an application becomes abandoned “for failure to pay the issue fee and any required publication fee ( 37 CFR 1.314 and 1.316 ).” Therefore, timely payment of these fees is crucial to maintain the allowed status and proceed to patent issuance.
To learn more:
According to MPEP 203.04:
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).
An ‘allowed’ application has passed examination and is ready to become a patent, pending payment of necessary fees.
Yes, drawing corrections can be made after the application has been allowed. However, such corrections must be approved by the examiner before the application can be processed for issue. If extensive corrections are required, the examiner may require that the corrections be filed with a Request for Continued Examination (RCE) under 37 CFR 1.114.