Chapter 1300

Question 1

What is Notice of Allowance?

Answer 1

If the claims and applications are in condition suitable for issuance as a patent, NOA is issued

NOA indicates that the application has been examined and meets the requirements for patenting

Question 2

Is the Notice of Allowance same as granting of patent rights?

Answer 2

No

Question 3

When are the patent rights granted?

Answer 3

Patent rights accrue only after the patent has officially been issued, which generally occurs 3 months from the NOA if all fees have been paid

Question 4

What happens if an applicant has amendments that does not reach the Patent Office until after NOA has been mailed?

Answer 4

The Patent Office has complete discretion as to whether or not to enter the amendment

Question 5

Who can make the payment of issue fee?

Answer 5

Only from the applicant, assignee, or a registered attorney or agent.

Compared to how maintenance fees can be paid by any member of the public

Question 6

How can an application be withdrawn from issue for further action?

Answer 6

At the initiative of the Patent Office OR
upon petition by applicant with a fee and showing a good and sufficient reasons why withdrawal of the application from issue is necessary