When is a patent application considered ‘allowed’ or ‘in issue’?

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…

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How are partial assignees handled in patent issuance?

The USPTO has specific provisions for handling partial assignees in patent issuance: If one or more assignees, together with one or more inventors, hold the entire right, title, and interest in the application, the patent may issue in the names of both the assignee(s) and the inventor(s). If multiple assignees hold the entire right, title,…

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How are allowed secrecy order applications handled?

Allowed secrecy order applications require special handling to maintain security while progressing through the patent process. The MPEP 130 provides guidance on this: When a secrecy order case is allowed, the Office of Patent Application Processing (OPAP) is notified. The notice of allowance and issue fee letters are drafted and reviewed in the Technology Center…

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What should applicants do upon receiving a Notice of Allowance regarding PDX?

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…

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