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2920.06 Allowance

MPEP SECTION SUMMARY

This section discusses the topic of allowance. A Notice of Allowability For a Design Application is used when a nonprovisional international design application is placed in condition for allowance.  In addition, a Notice of Allowance is sent to the applicant requiring payment of the issue fee. Both the Notice of Allowance and the Notice of Allowability are communicated to the applicant at the correspondence address of record in the application. The International Bureau is also notified of the communication of the Notice of Allowance to the applicant. Further details on the topic of allowance are covered in this section.



Since the Notice of Allowability is used whenever an application has been placed in a condition for allowance, the Notice of Allowability does not constitute a refusal of the effects of the international registration.

  • However, a "Notification of Partial Refusal" may be sent to the International Bureau concurrent with the sending of the Notice of Allowance to the applicant where all the designs contained in the international registration have not been allowed and were not previously the subject of a notification of refusal (e.g., all designs but the allowed design were removed by preliminary amendment prior to examination).

The issue fee specified in the Notice of Allowance form may be paid directly to the Office or through the International Bureau.

  • The International Bureau accepts payment only in Swiss currency.
  • Further, any change in entity status from that shown in the Notice of Allowance must be communicated directly to the Office in accordance with U.S. rules, as instructed in the Notice of Allowance.

 

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