MPEP 1300

Allowance and Issue

Brief Summary:

Once the decision to allow an application to patent has been made by the PTO, a Notice of Allowance will be sent out to the applicant.

The applicant will then have a few months to pay the issue fee. Once the issue fee is paid (on time), the applicant will then be sent a copy of the official patent papers.

This chapter discusses the details of these proceedings and the variations that may occur such as; withdrawing from issue, the term lengths of various patents and what happens if the issue fee is not paid on time.

Key Terms:

AllowedAllowed refers to the status of a patent application when the examiner has determined that the claims meet all legal requirements, paving the way for the patent to be granted.
IssuanceIssuance refers to the formal granting of a patent by the patent office, signifying that the patent application has met all legal requirements and is now an enforceable legal document.
Issue FeeAn issue fee is the payment required to finalize the granting of a patent after the application has been allowed, covering administrative costs associated with issuing the patent.
Notice of AllowanceA Notice of Allowance is an official communication from the patent office indicating that a patent application has been approved for issuance, subject to the payment of the required issue fee.
Patent TermThe duration of time during which a granted patent is in effect, typically lasting 20 years from the filing date of the application, subject to the payment of maintenance fees.

37 CFR (Code of Federal Regulations):

37 CFR 1.104 – Nature of examination.
37 CFR 1.104 specifies that the examination of a patent application involves a thorough review to ensure compliance with legal requirements, including assessing the patentability of the claimed invention based on prior art and other relevant criteria.
37 CFR 1.311 – Notice of Allowance.
37 CFR 1.311 states that a Notice of Allowance is issued to the applicant when a patent application is found to be in condition for allowance, indicating that the application will proceed to grant upon payment of the issue fee.

35 USC (United States Code):

35 USC 154 – Contents and term of patent; provisional rights.
35 USC 154 outlines the contents of a patent, its term of 20 years from the application date, and the provisional rights granted to patent applicants before the patent is officially issued.

Quick Statistics:

Number of Pages:  33 pgs
Sections:  1301 – 1309

List of Sections:

1301Substantially Allowable Application, Special
1302Preparation of an Application for Allowance
1302.01 General Review of Disclosure
1302.02 Requirement for a Rewritten Specification
1302.03 Notice of Allowability
1302.04 Examiner’s Amendments and Changes
1302.04(a) Title of Invention
1302.04(b) [Reserved]
1302.04(c) Cancellation of Claims to Nonelected Invention
1302.04(d) Cancellation of Claim Lost in Interference
1302.04(e) Cancellation of Rejected Claims Following Appeal
1302.04(f) [Reserved]
1302.04(g) Identification of Claims
1302.04(h) Rejoinder of Claims
1302.05 Correction of Drawing
1302.06 Prior Foreign Application
1302.07 [Reserved]
1302.08 Interference Search
1302.09 Classification, Print Figure, and Other Notations
1302.10 Issue Classification Notations
1302.11 [Reserved]
1302.12 Listing of References
1302.13 Signing
1302.14 Reasons for Allowance
1303Notice of Allowance
1303.01 Amendment Received After Allowance
1303.02 Undelivered
1303.03 Not Withheld Due to Death of Inventor
1304Amendments After D-10 Notice
1304.01 Withholding From Issue of “Secrecy Order” Applications
1305Jurisdiction
1306Issue Fee
1306.01 Deferring Issuance of a Patent
1306.02 Simultaneous Issuance of Patents
1306.03 Practice After Payment of Issue Fee; Receipt of Issue Notification
1307Change in Classification of Cases Which Are in Issue
1308Withdrawal From Issue
1308.01 Rejection After Allowance
1308.02 For Interference or Derivation Purposes
1308.03 Quality Review Program for Examined Patent Applications
1309Issue of Patent
1309.01 [Reserved]
1309.02 “Printer Rush” Cases

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