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Chapter 1300: Allowance and Issue


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Frequency

Training

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Objectives

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   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 three months to pay the issue fee.

Once the issue fee is paid, 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.

Expect a few questions pertaining to the allowance and issue of patent applications. Pay extra attention to the section on withdrawing from issue and how to handle things if the issue fee isn’t paid on time.

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   Chapter Ranking Chart:

Importance Ranking:
2-Stars
  
Volume of Material:
1-Star
  
Complexity:
2-Stars
  
Overall Score:
1.7
  




   MPEP Section Frequency:
Key
2
4
6
8
10
1306
  1306.01  
1308
   

 

 

   Patent Training Workshop Videos:

 


   Video Digest:



   Mindmap:


   Objectives
  • Know how to withdraw from issue.
  • Know when the issue fee is due and the consequences of not paying the fee on time.
  • Learn the patent terms for utility, design and plant patents.
  • Know the following laws and rules:

37 C.F.R. 1.104

Nature of examination.

37 C.F.R. 1.311

Notice of Allowance.

37 C.F.R. 1.312

Amendments after allowance.

37 C.F.R. 1.313

Withdrawal from issue.

37 C.F.R. 1.314

Issuance of patent.

37 C.F.R. 1.316

Application abandoned for failure to pay issue fee.

37 C.F.R. 1.317

Lapsed patents; delayed payment of balance of issue fee.

35 U.S.C. 154

Contents and term of patent; provisional rights.

 


   Key Terms