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1303 Notice of Allowance

MPEP SECTION SUMMARY

This section covers details concerning the Notice of Allowance. If an application is subject to publication under 37 CFR 1.211, the Notice of Allowance will require both the issue fee and the publication fee. The publication fee was reset to $0.00 effective January 1, 2014.


A “Notice of Allowance and Fee(s) Due.” will be mailed to the correspondence address of record.

For applications filed on or after September 16, 2012, if an application is in condition for allowance but does not include an oath or declaration, or a substitute statement, executed by or with respect to each actual inventor, the Office will issue a “Notice of Allowance and Fee(s) Due” together with a “Notice of Allowability” including a “Notice Requiring Inventor’s Oath or Declaration” requiring the applicant to file an oath or declaration, or substitute statement, executed by or with respect to each actual inventor, no later than the date of payment of the issue fee to avoid abandonment.

If applicant receives a “Notice Requiring Inventor’s Oath or Declaration” and fails to file a proper reply to the notice before or with the payment of the issue fee, the application will be regarded as abandoned.

 

1303.01 Amendment Received After Allowance

MPEP SECTION SUMMARY

Any paper filed after receiving the Issue Notification should include the indicated patent number, unless the application has been withdrawn from issue.

 

1303.03 Not Withheld Due to Death of Inventor

MPEP SECTION SUMMARY

The Notice of Allowance will not be withheld due to death of the inventor if the executor or administrator has not intervened.

 

 

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