What is the PTOL-85B form and why is it important?
The PTOL-85B form is Part B of the “Notice of Allowance and Fee(s) Due” (PTOL-85) sent by the USPTO. According to MPEP 1303, “Part B of the form (PTOL-85B) must be returned to the Office with the payment of the issue fee.” This form is crucial because it accompanies the payment of the issue fee,…
Read MoreWhat is the process for issuing a patent after the Notice of Allowance?
The process for issuing a patent after the Notice of Allowance involves several stages: Electronic capture of information by the Office of Data Management Initial Data Capture (IDC) for electronic capture of the patent filed (approximately 6 weeks) File Maintenance Facility (FMF) update (1-2 weeks) Final Data Capture (FDC) stage (average 5 weeks) Issue Notification…
Read MoreWhat should patent attorneys do if they suspect a Notice of Allowance was not received?
If patent attorneys suspect that a Notice of Allowance was not received, they should take the following steps: Check the USPTO’s Patent Application Information Retrieval (PAIR) system for updates on the application status. Contact the USPTO promptly to inquire about the Notice of Allowance. Provide updated contact information if there have been any changes. Request…
Read MoreWhen is the publication fee for a patent application due?
The publication fee is typically due with the Notice of Allowance and Fee(s) Due. As stated in the MPEP, “The publication fee set forth in 37 CFR 1.18(d) must be paid in each application published (or scheduled to be published) under 35 U.S.C. 122(b) before a patent will be granted on the application. The publication…
Read MoreWhat happens if an application is in condition for allowance but lacks a proper oath or declaration?
For applications filed on or after September 16, 2012, if an application is in condition for allowance but lacks a proper oath or declaration, the USPTO has a specific procedure. According to MPEP 1303: “The Office will issue a ‘Notice of Allowance and Fee(s) Due’ (PTOL-85) together with a ‘Notice of Allowability’ (PTOL-37) including a…
Read MoreWhat fees are required when receiving a Notice of Allowance?
When receiving a Notice of Allowance, applicants are typically required to pay an issue fee. For applications subject to publication under 37 CFR 1.211, both the issue fee and publication fee may be required. However, it’s important to note that “the publication fee was reset to $0.00 effective January 1, 2014” as stated in MPEP…
Read MoreWhat is a Notice of Allowance in patent examination?
A Notice of Allowance is a document prepared and mailed by the United States Patent and Trademark Office (USPTO) to inform an applicant that their patent application has been allowed. According to MPEP 1303, “A Notice of Allowance is prepared and mailed, and the mailing date appearing thereon is recorded in the image file wrapper…
Read MoreWhat happens if the issue fee has been paid when prosecution is reopened?
If the issue fee has been paid and prosecution is reopened due to a rejection after allowance, the applicant has several options. According to MPEP 1308.01: “If the issue fee has already been paid and prosecution is reopened, the applicant may request a refund or request that the fee be credited to a deposit account.…
Read MoreHow does the timing of an IDS submission affect the examination process after allowance?
The timing of an Information Disclosure Statement (IDS) submission can significantly affect the examination process after a notice of allowance. MPEP 1308.01 provides guidance on this: “If an IDS is submitted after the mailing of a notice of allowance, it must comply with the requirements of 37 CFR 1.97(d).” The timing affects the process as…
Read MoreHow can an examiner regain jurisdiction over an application after the Notice of Allowance?
If an examiner needs to regain jurisdiction over an application after the Notice of Allowance has been mailed, they must follow a specific procedure. According to MPEP 1305: “To regain jurisdiction over the application, the examiner must write a letter to the Director requesting it.” This process ensures that any actions taken on the application…
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