MPEP § 1303 — MPEP § 1303
Current through: 2022-07-01

1303-Notice of Allowance 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

 Skip over navigation 
 
 
 
 
 
 
 
 search for patents | search for trademarks 

 
 
 
 
 
 
 
 
 
 
 
 Search 
 
 
 

 
 

 
 
 
 
 
 PATENTS 
 
 Patent Search 

 
 Patent Process 

 
 Patent Classification 

 
 Patent Forms 

 
 Statistics 

 
 Electronic Business Center 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Resources and Guidance 

 
 Office of Data Management 

 
 Announcements 

 
 Initiatives & Events 

 
 International Protection 

 
 Employee Locator 

 
 Contact Patents 

 

 

 
 TRADEMARKS 
 
 Trademark Search 

 
 Trademarks Process 

 
 News & Notices 

 
 Manuals, Guides, Official Gazette 

 
 Laws & Regulations 

 
 Online Filing 

 
 Contact Trademarks 

 

 

 
 IP LAW & POLICY 
 
 Rulemaking 

 
 IP Policy and Enforcement 

 
 Protecting IP Overseas 

 
 Training and Education 

 
 Training Programs & Conferences 

 
 Office of Governmental Affairs 

 
 Office of Chief Economist 

 
 Boards and Counsel 

 

 

 
 PRODUCTS & SERVICES 
 
 Electronic Data Products 

 
 XML Resources 

 
 XML Resources - Retrospective 

 
 USPTO Contact Center Order Form 

 
 Services 

 
 Locate Libraries 

 
 Training/Events 

 
 Online Services Hub 

 

 

 
 INVENTORS 
 
 Patents for Inventors 

 
 Trademarks for Inventors 

 
 Inventors Assistance 

 
 Education and Information 

 
 Scam Prevention 

 
 Pro Se and Pro Bono 

 
 Current Events 

 
 State Resources 

 
 InventorsEye Newsletter 

 

 

 
 NEWS & NOTICES 
 
 Subscription Center 

 
 Press Releases 

 
 Testimony and Speeches 

 
 Director's Forum 

 
 Systems Status 

 
 Emergency Notices 

 
 USPTO Videos 

 
 Official Gazette 

 
 Federal Register Notices 

 
 Event Calendar 

 

 

 
 FAQs 
 
 Patents FAQs 

 
 Trademarks FAQs 

 
 Assignments 

 
 Security 

 
 Musicians and Artists 

 
 Browser Plugins 

 
 Other Web Resources 

 

 

 
 ABOUT US 
 
 USPTO Leadership 

 
 USPTO Organization 

 
 USPTO Offices 

 
 Careers 

 
 Budget, Performance, and Planning 

 
 Statistics 

 
 Vendor Information 

 
 Public Advisory Committees 

 
 National Medal of Technology and Innovation 

 
 IP in Motion 

 
 Contact Us 

 

 

 
 
 

 

 
 

 
 
 
 
 Home Page 

 
 Patents 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Manual of Patent Examining Procedure 

 Chapter 1300 

 Section 1303 
 

 
 
 
 
 
 1303 Notice of Allowance [R-01.2024]

 
 37 CFR 1.311 Notice of Allowance. 

 
 (a) If, on examination, it appears that the applicant
 is entitled to a patent under the law, a notice of allowance will be sent to the
 applicant at the correspondence address indicated in § 1.33 . The
 notice of allowance shall specify a sum constituting the issue fee and any
 required publication fee ( § 1.211(e) ) which issue fee
 and any required publication fee must both be paid within three months from the
 date of mailing of the notice of allowance to avoid abandonment of the
 application. This three-month period is not extendable.
 

 (b) An authorization to charge the issue fee or other post-allowance
 fees set forth in § 1.18 to a deposit account
 may be filed in an individual application only after mailing of the notice of
 allowance. The submission of either of the following after the mailing of a notice
 of allowance will operate as a request to charge the correct issue fee or any
 publication fee due to any deposit account identified in a previously filed
 authorization to charge such fees:
 
 (1) An incorrect issue fee or publication fee; or

 (2) A fee transmittal form (or letter) for payment of issue fee
 or publication fee.
 

 
 

 
 

 A Notice of Allowance is prepared and mailed, and the mailing date
 appearing thereon is recorded in the image file wrapper table of contents.
 

 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. See
 37 CFR
 1.211(e) . It is noted that the publication fee was reset to $0.00
 effective January 1, 2014. See Setting and Adjusting Patent Fees (78 FR 4212, Jan.
 18,2013). A “Notice of Allowance and Fee(s) Due.” (PTOL-85) will be mailed to the
 correspondence address of record. The form includes the amount of any required publication
 fee, as provided in 37
 CFR 1.211(e) and 1.311 . The form includes an indication
 that the publication fee is due, if the application was subject to publication and the
 publication fee has not already been paid. Part B of the form (PTOL-85B) must be returned
 to the Office with the payment of the issue fee.
 

 For more information about eighteen month publication and publication
 fees, visit the USPTO Internet web site at www.uspto.gov .
 

 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 in
 compliance with 37
 CFR 1.63 , or a substitute statement in compliance with
 37 CFR
 1.64 , executed by or with respect to each actual inventor, the Office
 will issue a “Notice of Allowance and Fee(s) Due” (PTOL-85) together with a “Notice of
 Allowability” (PTOL-37) including a “Notice Requiring Inventor’s Oath or Declaration”
 (PTOL-2306) requiring the applicant to file an oath or declaration in compliance with
 37 CFR
 1.63 , or substitute statement in compliance with 37 CFR 1.64 ,
 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. See
 37 CFR
 1.53(f)(3) (ii) . 
 

 

 

 

 

 
 1303.01 Amendment Received After Allowance [R-07.2015]

 If the amendment is filed under 37 CFR 1.312 , see
 MPEP §
 714.15 to § 714.16(e) . If the amendment contains
 claims copied from a patent to provoke an interference, see MPEP Chapter 2300 . Any
 submissions of replacement drawings filed after allowance should be forwarded to the
 Office of Data Management.
 

 Reference to an Issue Batch Number is no longer necessary because the
 Office no longer stores and tracks applications according to issue batches.
 

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

 

 
 1303.02 Undelivered [R-07.2015]

 In case a Notice of Allowance is returned, and a new notice is sent
 (see MPEP §
 707.13 ), the date of sending the notice must be changed in the
 file to agree with the date of such remailing. The original document, a copy of the
 returned document with any markings, and the remailed document should be retained in the
 application so that the file history is clear.
 

 

 
 1303.03 Not Withheld Due to Death of Inventor [R-07.2015]

 The Notice of Allowance will not be withheld due to death of the
 inventor if the executor or administrator has not intervened. See MPEP § 409.01(a) for
 applications filed on or after September 16, 2012 or MPEP § 409.01(b) for
 applications filed before September 16, 2012.
 

 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 1301-Substantially Allowable Application, Special 

 1302-Preparation of an Application for Allowance 
 1302.01-General Review of Disclosure 

 1302.02-Requirement for a Rewritten Specification 

 1302.03-Notice of Allowability 

 1302.04-Examiner’s Amendments and Changes 
 1302.04(a)-Title of Invention 

 1302.04(b)-[Reserved] 

 1302.04(c)-Cancellation of Claims to Nonelected Invention 

 1302.04(d)-Cancellation of Claim Lost in Interference 

 1302.04(e)-Cancellation of Rejected Claims Following Appeal 

 1302.04(f)-[Reserved] 

 1302.04(g)-Identification of Claims 

 1302.04(h)-Rejoinder of Claims 

 
 

 1302.05-Correction of Drawing 

 1302.06-Prior Foreign Application 

 1302.07-[Reserved] 

 1302.08-Interference Search 

 1302.09-Classification, Print Figure, and Other Notations 

 1302.10-Issue Classification Notations 

 1302.11-[Reserved] 

 1302.12-Listing of References 

 1302.13-Signing 

 1302.14-Reasons for Allowance 

 
 

 1303-Notice of Allowance 
 1303.01-Amendment Received After Allowance 

 1303.02-Undelivered 

 1303.03-Not Withheld Due to Death of Inventor 

 
 

 1304-Amendments After D-10 Notice 
 1304.01-Withholding From Issue of “Secrecy Order” Applications 

 
 

 1305-Jurisdiction 

 1306-Issue Fee 
 1306.01-Deferring Issuance of a Patent 

 1306.02-Simultaneous Issuance of Patents 

 1306.03-Practice After Payment of Issue Fee; Receipt of Issue Notification 

 
 

 1307-[Reserved] 

 1308-Withdrawal From Issue 
 1308.01-Rejection After Allowance 

 1308.02-For Interference or Derivation Purposes 

 1308.03-Quality Review for Examined Patent Applications 

 
 

 1309-Issue of Patent 
 1309.01-[Reserved] 

 1309.02-“Printer Rush” Cases 

 
 

 

 

 
 

 
 
 

 
 

 

 
 
 Accessibility 

 Privacy Policy 

 Terms of Use 

 Security 

 Emergencies/Security Alerts 

 Information Quality Guidelines 

 
 

 
 
 Federal Activities Inventory Reform (FAIR) Act 

 Notification and Federal Employee Antidiscrimination and Retaliation (NoFEAR) Act 

 Budget & Performance 

 Freedom of Information Act (FOIA) 

 
 

 
 
 Department of Commerce NoFEAR Act Report 

 Regulations.gov 

 STOP!Fakes.gov 

 Department of Commerce 

 USA.gov 

 
 

 
 
 Strategy Targeting Organized Piracy (STOP!) 

 Careers 

 Site Index 

 Contact Us 

 Submit Feedback 

 
 

 
 This page is owned by Patents.

 Last Modified: 
 
 03/09/2026 20:49:25