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 130-Examination of Secrecy Order Cases (2)
As explained in MPEP 130, when a patent application under a Secrecy Order is in condition for allowance, “a notice of allowability (Form D-10) is issued, thus closing the prosecution.” See 37 CFR 5.3(c).
After the notice of allowability is issued, any amendments received are not entered or responded to until the Secrecy Order is rescinded. Once the Secrecy Order is rescinded, amendments will be entered if they are free from objections, otherwise they will be denied entry.
When a Secrecy Order case is in condition for allowance, the prosecution is closed, but the patent is not issued. According to the MPEP, When a Secrecy Order case is in condition for allowance, a notice of allowability (Form D-10) is issued, thus closing the prosecution.
This is in accordance with 37 CFR 5.3(c). The application remains in this state until the Secrecy Order is rescinded.
For more information on notice of allowability, visit: notice of allowability.
MPEP 200 - Types and Status of Application; Benefit and Priority (1)
The timeframe for receiving a Notice of Allowance (PTOL-85) after a Notice of Allowability (Form PTOL-37) is generally within three months. However, if you don’t receive the Notice of Allowance within this period, it may be appropriate to make a status inquiry.
The MPEP states: 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.
(MPEP 203.08)
However, the MPEP also notes an exception: 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.
If you haven’t received your Notice of Allowance after three months from receiving the Notice of Allowability, it’s advisable to check the status of your application through Patent Center or contact the Application Assistance Unit.
To learn more:
Patent Law (6)
The timeframe for receiving a Notice of Allowance (PTOL-85) after a Notice of Allowability (Form PTOL-37) is generally within three months. However, if you don’t receive the Notice of Allowance within this period, it may be appropriate to make a status inquiry.
The MPEP states: 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.
(MPEP 203.08)
However, the MPEP also notes an exception: 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.
If you haven’t received your Notice of Allowance after three months from receiving the Notice of Allowability, it’s advisable to check the status of your application through Patent Center or contact the Application Assistance Unit.
To learn more:
The deadline for submitting corrected patent drawings depends on when the requirement is made:
- If required in an Office action: The deadline will be specified in the Office action.
- If required in a Notice of Allowability: Applicants have three months from the mailing date of the notice to submit corrected drawings.
The MPEP 608.02(b) states:
If a corrected drawing is required or if a drawing does not comply with § 1.84 or an amended drawing submitted under § 1.121(d) in a nonprovisional international design application does not comply with § 1.1026 at the time an application is allowed, the Office may notify the applicant in a notice of allowability and set a three-month period of time from the mail date of the notice of allowability within which the applicant must file a corrected drawing in compliance with § 1.84 or 1.1026, as applicable, to avoid abandonment.
It’s crucial to meet these deadlines to avoid potential abandonment of the application.
To learn more:
As explained in MPEP 130, when a patent application under a Secrecy Order is in condition for allowance, “a notice of allowability (Form D-10) is issued, thus closing the prosecution.” See 37 CFR 5.3(c).
After the notice of allowability is issued, any amendments received are not entered or responded to until the Secrecy Order is rescinded. Once the Secrecy Order is rescinded, amendments will be entered if they are free from objections, otherwise they will be denied entry.
When a Secrecy Order case is in condition for allowance, the prosecution is closed, but the patent is not issued. According to the MPEP, When a Secrecy Order case is in condition for allowance, a notice of allowability (Form D-10) is issued, thus closing the prosecution.
This is in accordance with 37 CFR 5.3(c). The application remains in this state until the Secrecy Order is rescinded.
For more information on notice of allowability, visit: notice of allowability.
Replacement drawings received in utility patent applications after the Notice of Allowability is mailed are handled differently:
Where replacement drawings are received in utility patent applications after the Notice of Allowability was mailed, the replacement drawings are handled by the Office of Data Management. Submission to the examiner is not necessary unless an amendment to the specification accompanies the drawings, such as an amendment where the description of figures is added or canceled.
This process streamlines the handling of late-submitted drawings, ensuring that only necessary reviews are conducted by examiners at this stage of the patent application process.
To learn more:
No, extensions of time are not permitted for submitting corrected drawings in response to a notice of allowability. The MPEP clearly states:
Extensions of time to provide acceptable drawings in response to a notice of allowability are not permitted.
This strict policy ensures that the patent granting process is not unnecessarily delayed and encourages applicants to submit corrected drawings promptly after receiving the notice of allowability.
To learn more:
Patent Procedure (5)
The timeframe for receiving a Notice of Allowance (PTOL-85) after a Notice of Allowability (Form PTOL-37) is generally within three months. However, if you don’t receive the Notice of Allowance within this period, it may be appropriate to make a status inquiry.
The MPEP states: 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.
(MPEP 203.08)
However, the MPEP also notes an exception: 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.
If you haven’t received your Notice of Allowance after three months from receiving the Notice of Allowability, it’s advisable to check the status of your application through Patent Center or contact the Application Assistance Unit.
To learn more:
The deadline for submitting corrected patent drawings depends on when the requirement is made:
- If required in an Office action: The deadline will be specified in the Office action.
- If required in a Notice of Allowability: Applicants have three months from the mailing date of the notice to submit corrected drawings.
The MPEP 608.02(b) states:
If a corrected drawing is required or if a drawing does not comply with § 1.84 or an amended drawing submitted under § 1.121(d) in a nonprovisional international design application does not comply with § 1.1026 at the time an application is allowed, the Office may notify the applicant in a notice of allowability and set a three-month period of time from the mail date of the notice of allowability within which the applicant must file a corrected drawing in compliance with § 1.84 or 1.1026, as applicable, to avoid abandonment.
It’s crucial to meet these deadlines to avoid potential abandonment of the application.
To learn more:
When a Secrecy Order case is in condition for allowance, the prosecution is closed, but the patent is not issued. According to the MPEP, When a Secrecy Order case is in condition for allowance, a notice of allowability (Form D-10) is issued, thus closing the prosecution.
This is in accordance with 37 CFR 5.3(c). The application remains in this state until the Secrecy Order is rescinded.
For more information on notice of allowability, visit: notice of allowability.
Replacement drawings received in utility patent applications after the Notice of Allowability is mailed are handled differently:
Where replacement drawings are received in utility patent applications after the Notice of Allowability was mailed, the replacement drawings are handled by the Office of Data Management. Submission to the examiner is not necessary unless an amendment to the specification accompanies the drawings, such as an amendment where the description of figures is added or canceled.
This process streamlines the handling of late-submitted drawings, ensuring that only necessary reviews are conducted by examiners at this stage of the patent application process.
To learn more:
No, extensions of time are not permitted for submitting corrected drawings in response to a notice of allowability. The MPEP clearly states:
Extensions of time to provide acceptable drawings in response to a notice of allowability are not permitted.
This strict policy ensures that the patent granting process is not unnecessarily delayed and encourages applicants to submit corrected drawings promptly after receiving the notice of allowability.
To learn more: