We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Notice of Allowance and Fees Due [Patent]: What You Need to Know
Definition & Meaning
A notice of allowance and fees due is an official communication from the United States Patent and Trademark Office (USPTO) to a patent applicant. This notice indicates that the applicant's patent application has been approved and that they are eligible to receive a patent. It also specifies the issue fee that must be paid within three months of the notice's mailing date. This fee payment period cannot be extended. Additionally, if applicable, the notice may request the payment of a publication fee at the same time.
Table of content
Legal Use & context
This term is primarily used in the context of patent law. It is relevant to individuals or entities that have submitted a patent application and are awaiting approval. The notice of allowance is a critical step in the patent process, signaling that the application has met all necessary legal requirements. Users can manage their patent applications and related fees using legal templates available through US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An inventor submits a patent application for a new type of solar panel. After review, the USPTO sends a notice of allowance, indicating that the application is approved. The inventor must pay the specified issue fee within three months to secure the patent.
Example 2: A company applies for a patent on a unique software algorithm. Upon receiving the notice of allowance, the company is reminded to also pay the publication fee to ensure the patent is published as required by law. (hypothetical example)
State-by-state differences
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
State
Variation
California
Generally follows federal patent law with no significant variations.
Texas
Similar to California, with no major differences in patent application processes.
New York
Also aligns closely with federal standards, ensuring uniformity.
Comparison with related terms
Term
Definition
Difference
Notice of Allowance
Notification of patent application approval.
Specifically indicates eligibility for a patent.
Issue Fee
Fee required to finalize the patent grant.
Part of the notice of allowance process.
Publication Fee
Fee for publishing the patent application.
May be included in the notice of allowance if applicable.
Common misunderstandings
What to do if this term applies to you
If you receive a notice of allowance, review the document carefully for the specified fees and deadlines. Make sure to pay the issue fee within three months to secure your patent rights. If a publication fee is also required, remit that payment simultaneously. For assistance, consider using US Legal Forms to access templates and resources tailored to patent applications. If your situation is complex, consulting a legal professional may be beneficial.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.