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 (6)
The status of an application as ‘allowed’ has a specific timeframe. According to the MPEP:
“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an ‘allowed’ application continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue ( 37 CFR 1.313 ), or becomes abandoned for failure to pay the issue fee and any required publication fee ( 37 CFR 1.314 and 1.316 ).”
In other words, the ‘allowed’ status begins when the notice of allowance is sent and typically ends when the patent is issued. However, this status can be terminated if the application is withdrawn from issue or becomes abandoned due to non-payment of required fees.
To learn more:
When applicants receive a Notice of Allowance, they should take specific actions regarding PDX as outlined in MPEP 215.01:
Upon receipt of a Notice of Allowance, applicants should check to see whether the Office has received a copy of the foreign application under the priority document exchange program because successful retrieval of priority documents cannot be guaranteed.
Important steps for applicants:
- Verify that the USPTO has received the foreign priority document.
- If the document hasn’t been received, consider filing a paper certified copy.
- Ensure the priority document is received before the patent is granted.
- Be aware that if a certified copy is filed after the issue fee is paid, the patent won’t include the priority claim unless corrected by a certificate of correction.
It’s crucial to confirm receipt of the priority document to maintain the priority claim in the issued patent.
To learn more:
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:
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.
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 300 - Ownership and Assignment (1)
A title report is typically prepared at specific stages of the patent process. The MPEP Section 320 states that “A title report is prepared when a new application is filed in order to notify the examiner of the assignment status of the application.” Additionally, title reports are prepared:
- When a Notice of Allowance is mailed
- When an application is ready for issue
- When a request for a correction of inventorship is received
These reports ensure that the most current ownership information is available at critical points in the patent process.
For more information on new application, visit: new application.
For more information on notice of allowance, visit: notice of allowance.
For more information on title report, visit: title report.
MPEP 320 - Title Reports (1)
A title report is typically prepared at specific stages of the patent process. The MPEP Section 320 states that “A title report is prepared when a new application is filed in order to notify the examiner of the assignment status of the application.” Additionally, title reports are prepared:
- When a Notice of Allowance is mailed
- When an application is ready for issue
- When a request for a correction of inventorship is received
These reports ensure that the most current ownership information is available at critical points in the patent process.
For more information on new application, visit: new application.
For more information on notice of allowance, visit: notice of allowance.
For more information on title report, visit: title report.
Patent Law (11)
A title report is typically prepared at specific stages of the patent process. The MPEP Section 320 states that “A title report is prepared when a new application is filed in order to notify the examiner of the assignment status of the application.” Additionally, title reports are prepared:
- When a Notice of Allowance is mailed
- When an application is ready for issue
- When a request for a correction of inventorship is received
These reports ensure that the most current ownership information is available at critical points in the patent process.
For more information on new application, visit: new application.
For more information on notice of allowance, visit: notice of allowance.
For more information on title report, visit: title report.
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.
The status of an application as ‘allowed’ has a specific timeframe. According to the MPEP:
“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 ).”
In other words, the ‘allowed’ status begins when the notice of allowance is sent and typically ends when the patent is issued. However, this status can be terminated if the application is withdrawn from issue or becomes abandoned due to non-payment of required fees.
To learn more:
When applicants receive a Notice of Allowance, they should take specific actions regarding PDX as outlined in MPEP 215.01:
Upon receipt of a Notice of Allowance, applicants should check to see whether the Office has received a copy of the foreign application under the priority document exchange program because successful retrieval of priority documents cannot be guaranteed.
Important steps for applicants:
- Verify that the USPTO has received the foreign priority document.
- If the document hasn’t been received, consider filing a paper certified copy.
- Ensure the priority document is received before the patent is granted.
- Be aware that if a certified copy is filed after the issue fee is paid, the patent won’t include the priority claim unless corrected by a certificate of correction.
It’s crucial to confirm receipt of the priority document to maintain the priority claim in the issued patent.
To learn more:
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:
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.
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.
What are the consequences of filing an IDS after the mailing of a notice of allowance?
Filing an Information Disclosure Statement (IDS) after the mailing of a notice of allowance can have significant consequences:
- The application will be withdrawn from issue
- The IDS will be considered by the examiner
- If the examiner determines that the application is still allowable, the application may be returned to issue
- If the examiner determines that one or more claims are no longer allowable, the applicant will be notified and the claims will be rejected
As stated in MPEP 609.04(b): “If an IDS is filed after the mailing date of a Notice of Allowance under 37 CFR 1.311, the application will be withdrawn from issue.” This emphasizes the importance of timely IDS submission to avoid potential delays in patent issuance.
To learn more:
Patent Procedure (11)
A title report is typically prepared at specific stages of the patent process. The MPEP Section 320 states that “A title report is prepared when a new application is filed in order to notify the examiner of the assignment status of the application.” Additionally, title reports are prepared:
- When a Notice of Allowance is mailed
- When an application is ready for issue
- When a request for a correction of inventorship is received
These reports ensure that the most current ownership information is available at critical points in the patent process.
For more information on new application, visit: new application.
For more information on notice of allowance, visit: notice of allowance.
For more information on title report, visit: title report.
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.
The status of an application as ‘allowed’ has a specific timeframe. According to the MPEP:
“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 ).”
In other words, the ‘allowed’ status begins when the notice of allowance is sent and typically ends when the patent is issued. However, this status can be terminated if the application is withdrawn from issue or becomes abandoned due to non-payment of required fees.
To learn more:
When applicants receive a Notice of Allowance, they should take specific actions regarding PDX as outlined in MPEP 215.01:
Upon receipt of a Notice of Allowance, applicants should check to see whether the Office has received a copy of the foreign application under the priority document exchange program because successful retrieval of priority documents cannot be guaranteed.
Important steps for applicants:
- Verify that the USPTO has received the foreign priority document.
- If the document hasn’t been received, consider filing a paper certified copy.
- Ensure the priority document is received before the patent is granted.
- Be aware that if a certified copy is filed after the issue fee is paid, the patent won’t include the priority claim unless corrected by a certificate of correction.
It’s crucial to confirm receipt of the priority document to maintain the priority claim in the issued patent.
To learn more:
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:
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.
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.
What are the consequences of filing an IDS after the mailing of a notice of allowance?
Filing an Information Disclosure Statement (IDS) after the mailing of a notice of allowance can have significant consequences:
- The application will be withdrawn from issue
- The IDS will be considered by the examiner
- If the examiner determines that the application is still allowable, the application may be returned to issue
- If the examiner determines that one or more claims are no longer allowable, the applicant will be notified and the claims will be rejected
As stated in MPEP 609.04(b): “If an IDS is filed after the mailing date of a Notice of Allowance under 37 CFR 1.311, the application will be withdrawn from issue.” This emphasizes the importance of timely IDS submission to avoid potential delays in patent issuance.
To learn more: