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…

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When is a patent application considered ‘rejected’?

MPEP 203.02 defines a ‘rejected’ application as follows: A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a ‘rejected’ application. Its status as a ‘rejected’ application continues as such until acted upon by the applicant in reply to the examiner’s action (within…

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How does an application become ‘amended’?

MPEP 203.03 defines an ‘amended’ application as: An ‘amended’ nonprovisional application is one that having been acted on by the examiner, has in turn been acted on by the applicant in reply to the examiner’s action. The applicant’s reply may be confined to an election, a traverse of the action taken by the examiner or…

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When is a patent application considered ‘abandoned’?

MPEP 203.05 outlines several scenarios where an application is considered abandoned: Formal abandonment by the applicant or attorney/agent of record Failure to take appropriate action at some stage in the prosecution of a nonprovisional application Failure to pay the issue fee For provisional applications, no later than 12 months after the filing date Abandonment removes…

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What information is considered ‘status information’ for a patent application?

Status information of an application includes: Whether the application is pending, abandoned, or patented Whether the application has been published The application number or the serial number plus any one of the filing date of the national application, the international filing date, or the date of entry into the national stage Whether another application claims…

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What information can be provided about pending or abandoned applications?

For pending or abandoned applications that have not been published, the Office may only confirm that an application has been filed, provide the application number and filing date, the inventorship information, the classification, and the group art unit assigned to the application. This limited information is available to the public to help avoid infringement of…

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What information can be obtained about a pending application under MPEP 102?

Under MPEP 102, limited information about a pending application can be obtained, including: Application number Filing date Whether the application has been published Whether the application has been assigned Power of attorney Name of the examiner to whom the application is assigned Status of the application (e.g., pending, abandoned, or issued) Group art unit number…

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