What to do when your patent application is allowed

What is the Notice of Allowance and Fees Due? When your patent application has been allowed, the USPTO will send a Notice of Allowance setting forth a 3-month deadline to pay the issue fee. This document will also include a Notice of Allowability starting on a separate page which will include the Reasons for Allowance. […]

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Why file a continuation before your patent is granted?

Why file a continuation application before your utility patent is granted? “I don’t know what I don’t know.” This axiom rings true for me especially when it comes to the future. My hunch is that most patent owners cannot foresee all the ways in which competitors will try to design around their patents. Filing a […]

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Can an amendment be filed after a Notice of Allowance?

Amending a Patent Application After Allowance The amendment of a patent application after allowance is not a matter of right according to 37 CFR 1.132 which states, “No amendment may be made as a matter of right in an application after mailing of the notice of allowance.  Any amendment filed pursuant to this section must be filed […]

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What is a Statement of Use (SOU)?

What is a Statement of Use? An Intent-To-Use (ITU) trademark application does not require any evidence of trademark use at the initial filing. In fact, one of the advantages of an ITU application is that several goods and/or services may be initially identified in the application without providing any specimens or dates of first use […]

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Why file a continuing application?

Reasons for Filing a Continuing Application Two key reasons may justify filing a continuing application that stems from a pending patent application: You want to pursue different claims than those in the pending application; or You have invented new subject matter (e.g., features, concepts, improvements, variations, processes, etc.) not disclosed in the pending application. Different Claims You […]

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