What to do when your patent application is allowed

When is a patent application allowed? 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. The examiner might […]

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Why file a continuation before your patent is granted?

Why file a continuation application before your patent is granted? “I don’t know what I don’t know.” This axiom rings true especially when it comes to the future. Most patent owners cannot foresee all the ways in which competitors will try to design around their patents. So why file a continuation? It’s simple. A continuation […]

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Can you file an amendment after allowance?

Can a patent application be amended after allowance? Maybe. An amendment after a Notice of Allowance in a patent application is not a matter of right. This discretionary filing is governed by 37 CFR 1.132 which states: “No amendment may be made as a matter of right in an application after mailing of the notice […]

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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 patent application?

Reasons for Filing a Continuing Application A continuing application is basically a child patent application that must be filed while the parent patent application is still pending. Two key reasons may justify filing a continuing application: You want to pursue different claims than those in the pending application; or You have invented new subject matter (e.g., […]

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