What are the legal requirements for issuing a patent?
The legal requirements for issuing a patent are outlined in various sections of U.S. patent law. According to MPEP 1309, which cites 35 U.S.C. 153:
“Patents shall be issued in the name of the United States of America, under the seal of the Patent and Trademark Office, and shall be signed by the Director or have his signature placed thereon and shall be recorded in the Patent and Trademark Office.”
In addition to these formal requirements, the issuance of a patent also requires:
- Payment of the issue fee
- Submission of all required documents and drawings
- Completion of all post-allowance requirements
- Assignment recordation (if applicable)
The patent will only be issued once all these requirements have been met and the application has gone through the final processing stages at the USPTO.
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