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…
Read MoreWhat happens if the assignee’s name is not provided on the Fee(s) Transmittal form?
If the assignee’s name and address are not identified in item 3 of the Fee(s) Transmittal form (PTOL-85B), the following occurs: The patent will issue to the applicant instead of the assignee. Assignment data printed on the patent will be based solely on the information supplied on the PTOL-85B form. As stated in the MPEP:…
Read MoreHow 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,…
Read MoreCan I claim priority to a foreign application after my U.S. patent has been issued?
Yes, it is possible to claim priority to a foreign application after your U.S. patent has been issued. According to MPEP 216.01, a claim for priority under 35 U.S.C. 119(a)-(d) or (f) can be made after the patent is granted, subject to certain conditions: The claim must be made within the time period set forth…
Read MoreHow 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…
Read MoreCan a patent application under a Secrecy Order be issued or involved in an interference?
No, patent applications under Secrecy Orders are not issued and cannot be involved in interferences or derivation proceedings. The MPEP states: Secrecy Order cases are examined for patentability as in other cases, but will not be passed to issue; nor will an interference or derivation be instituted where one or more of the conflicting cases…
Read MoreWhat 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…
Read MoreWhen does an application’s status as ‘allowed’ begin and end?
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…
Read MoreWhat happens to a patent application if an inventor dies after filing but before issuance?
If an inventor dies after filing a patent application but before the patent is granted, the process can still continue. According to 37 CFR 1.42 (pre-AIA): “Where the inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the…
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