What 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 non-payment: As stated in the MPEP, an application becomes abandoned “for failure to pay the issue fee and any required publication fee ( 37 CFR 1.314 and 1.316 ).”
In either case, the application loses its ‘allowed’ status and may require further action or payments to proceed towards patent issuance.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure