What happens if a voluntary publication request doesn’t meet the requirements?
If a request for voluntary publication does not meet the specified requirements, particularly the Electronic Filing System (EFS) requirements, the USPTO will not process the request and will refund the publication fee. MPEP 1133 states: “If the request does not comply with the requirements of this paragraph or the copy of the application does not…
Read MoreWhat fees are required to maintain an allowed application’s status?
To maintain an allowed application’s status and proceed to patent issuance, certain fees must be paid. The MPEP mentions two specific fees: Issue fee: This is the fee required for the USPTO to issue the patent. Publication fee: If applicable, this fee covers the cost of publishing the patent application. The MPEP states that an…
Read MoreWhat 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 can cause an allowed application to lose its status?
An allowed application can lose its status under certain circumstances. The MPEP outlines two main scenarios: Withdrawal from issue: This is governed by 37 CFR 1.313. The applicant or the USPTO may initiate this process for various reasons, such as the need for further examination or the discovery of new prior art. Abandonment due to…
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