What is the status of a patent application after a notice of allowance is mailed?
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…
Read MoreWhat happens if I file a foreign priority claim after paying the issue fee but before the patent grant?
If you file a foreign priority claim after paying the issue fee but before the patent grant: The claim will be placed in the file record There may be no review of the papers The published patent will not include the priority claim To have the priority claim considered after publication, you will need to…
Read MoreWhat happens if the certified copy is filed after the issue fee is paid?
If the certified copy of the foreign application is filed after the date the issue fee is paid but prior to the date of grant of the patent, it will be placed in the file record but there will be no review of the papers. The patent when published will not include the priority claim.…
Read MoreWhen is the latest a certified copy can be filed for the patent to include the foreign priority claim without a certificate of correction?
The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected…
Read MoreWhat is the process for issuing a patent to a non-applicant assignee?
The process for issuing a patent to a non-applicant assignee involves the following steps: A request for issuance to the assignee must be submitted with the payment of the issue fee. The assignment must have been previously recorded in the USPTO or filed for recordation. If the request is submitted after the issue fee payment,…
Read MoreWhat happens if the assignment is not recorded before the issue fee payment?
If the assignment has not been recorded before the issue fee payment, the following applies: The request for issuance to the assignee must state that the assignment document has been filed for recordation. This statement should be made in accordance with 37 CFR 3.11. As stated in 37 CFR 3.81(a): If the assignment has not…
Read MoreHow should applicants notify the USPTO of changes in the real party in interest?
Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows: Notification should be made no later than payment of the issue fee Changes can be indicated in Box 3 of the PTOL-85B form If no notification is provided, the USPTO will presume no change has…
Read MoreWhen should documentary evidence of ownership be recorded for assignee applicants?
For assignee applicants or persons to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership should be recorded as follows: As provided for in part 3 of Chapter 37 CFR No later than the date the issue fee is paid in the application According to 37 CFR 1.46(b)(1): If…
Read MoreCan failure to pay the issue fee result in an abandoned patent application?
Yes, failure to pay the issue fee can result in an abandoned patent application. MPEP 203.05 explicitly states that an abandoned application includes one removed from the Office docket for failure to pay the issue fee (MPEP § 711 to § 711.05). This means that even if an application has been approved for issuance, if…
Read MoreWhat are the main reasons for patent application abandonment?
According to MPEP 203.05, there are four main reasons for patent application abandonment: Formal abandonment by the applicant or their representative Failure of the applicant to take appropriate action during prosecution Failure to pay the issue fee For provisional applications, the passage of 12 months from the filing date The MPEP states: An abandoned application…
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