Overview
- A patent is a form of intellectual property granted by the government for patentable inventions.
- A notice of allowance is issued by the USPTO to an applicant when the patent application has been approved for grant.
- However, an NOA is not the last step in the patent application process and does not signify that the patent has been granted.
- After receiving the NOA, the applicant must promptly pay the application fees within the due date.
Introduction
A notice of allowance for a patent is issued by the patent office, signifying the approval of the grant of a patent. It consists of the issue and publication fees, due dates for paying such fees. Additionally, it also contains revised/final drawings of the invention. Its review is crucial at this stage. This allows for rectification of any ambiguities/irregularities in the patent application.
Understanding a Patent
A Patent is a form of intellectual property granted by respective governments to a natural or legal person. They are granted for patentable inventions. These involve inventions that are novel, capable of industrial application, and involve an inventive step.
The Patent application process is a long and tedious process that involves a number of steps. Details of patent offices at which to file a patent application can be found in the Patent Office Directory. The applicant can check their patent-pending status on the USPTO official website.
If the patentability of a patent application is proved, the patent office grants an NOA.
What Is a Notice of Allowance (NOA) for Patents?
A Notice of Allowance (NOA) is an official notification issued by the USPTO against a patent application. It signifies that a patent application has been approved for grant by the examiner. This also implies that the patent claims are patentable. However, this is not the last step in the patent application process. It does not signify that the patent has been granted. The patent would be granted only upon payment of fees mentioned under the NOA within the stipulated time.
What is a Notice of Allowance Review?
This review begins once the USPTO has issued a notice of allowance for a patent application. Reviewing becomes crucial as it allows applicants to rectify any irregularities or ambiguities in the application. It is a thorough examination of the patent application, reviewing its claim language, details of inventorship, technical details, etc. An NOA review is typically conducted by a patent attorney along with the inventor.
What Are the Constituents of a NOA?
It comprises three segments. The first segment consists of the header consisting of primary information like patent application number, inventor, and the invention. The second section contains the issue and publication fees payable and their respective due dates. Lastly, the third section contains any final/revised drawings related to the invention.
Need Expert Guidance for your IP Needs?
Our IP experts are here to help you throughout your journey.
What Should Be Your Next Steps After Receiving an NOA?
After receiving the notice of allowance, the applicant must follow the below steps at the earliest convenience:
Prompt Payment of the Issue Fee
Prompt payment of the issue fee within the stipulated time, i.e., three months. Generally, this period cannot be extended. If the fee is not paid, the patent application shall be abandoned.
Revising the Patent Application and Rectifying it for any Errors or Irregularities
This is the right time to add any additional filings to your patent application after consultation with your patent attorney. The applicant has the right to file ‘child patents’ at this stage.
Filing Child Patents
Child patents can be filed in certain cases. In case your competitors are developing around your patent niche or you have made changes to your design. These can be filed when new claims or specifications have been decided. Child patents include continuation, continuation-in-part, and divisional.
Filing an Information Disclosure Statement (IDS)
This is only filed in cases where some prior art that was supposed to be incorporated was not submitted.
Conclusion
An NOA is an official notice issued by the USPTO suggesting that the patent is eligible to be granted. However, prompt actions post-receiving the NOA are quintessential for ensuring that the patent is successfully granted.
Frequently Asked Questions
1. What is the difference between a Notice of Allowance and a Notice of Allowability?
NOA signifies that a patent application has been approved for grant by the examiner. A Notice of Allowability, on the other hand, signifies that the application is considered allowable by the examiner. But might require some changes before a Notice of Allowance is issued.
2. What is a Notice of Allowance for a trademark?
A notice of Allowance for a trademark is an official notice issued by the trademark office. It signifies that the trademark is eligible for registration.
3. What is an RCE letter?
RCE letter stands for Request for Continued Examination letter. It is a document filed with the USPTO by a patent applicant. This is done to submit further amendments or revisions after receiving a Final Office Action.
Secure your Assets Through a Comprehensive Intellectual Property Strategy
Our dedicated professionals will help you increase your market navigation while securing your assets.
