What is the purpose of form PTOL-37 in patent examination?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Form PTOL-37, also known as the “Notice of Allowability,” serves an important purpose in the patent examination process. According to MPEP 1303.01 : “If an amendment is filed after the mailing of a Notice of Allowance (PTOL-85) but before payment of the issue fee, and the amendment changes the claims, it will be treated as an amendment under 37 CFR 1.312. The examiner will process the amendment and place the paper in the application file. The amendment will be entered unless the amendment is not approved for entry. See MPEP § 714.16 et seq.” Form PTOL-37 is used to communicate the allowability of claims and any necessary actions or information to the applicant. It may include details about allowed claims, reasons for allowance, and any examiner’s amendments. This form plays a crucial role in finalizing the patent application process and preparing for the issuance of the patent. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendment Under 37 CFR 1.312 Requires MPEP Guidance MPEP 1303.01 Notice of Allowance Sent to Applicant MPEP 1303 Notice of Allowance and Fee(s) Due Mailed to Correspondence Address MPEP 1303 Issue Fee and Publication Fee Must Be Paid with PTOL-85B MPEP 1303 Required Three-Month Issue Fee Payment Period Not Extendable MPEP 1303 Oath or Declaration Required for Allowance MPEP 1303 Issue Fee and Publication Fee Must Be Paid Within Three Months MPEP 1303 Required Publication Fee Due at Issue MPEP 1303 Required Publication Fee Due at Issue MPEP 1303 Patent Number Must Be Included After Issue Notification MPEP 1303.01 Recommended Other Related FAQs 5 FAQs Collapse What happens if an amendment after allowance affects the scope of the claims? What h...