When is a patent application considered ‘allowed’ or ‘in issue’?

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.

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an ‘allowed’ application continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue (37 CFR 1.313), or becomes abandoned for failure to pay the issue fee and any required publication fee (37 CFR 1.314 and 1.316).

Essentially, an application is ‘allowed’ when the examiner has determined it meets all requirements for patentability and has sent a Notice of Allowance. This status continues until the patent is issued, unless specific actions are taken to withdraw it or it becomes abandoned due to non-payment of fees.