C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 1—RULES OF PRACTICE IN PATENT CASES › Subpart B—National Processing Provisions

37 C.F.R. § 1.311

Notice of allowance

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(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.

[65 FR 57060, Sept. 20, 2000, as amended at 66 FR 67096, Dec. 28, 2001; 69 FR 56545, Sept. 21, 2004; 78 FR 62406, Oct. 21, 2013]
Notes of Decisions
Cited in 9 cases, 2009–2018 · leading case: United Food & Com. Workers Unions & Emp'rs Midwest Health Benefits Fund v. Novartis Pharm. Corp., 902 F.3d 1 (1st Cir. 2018).
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United Food & Com. Workers Unions & Emp'rs Midwest Health Benefits Fund v. Novartis Pharm. Corp., 902 F.3d 1 (1st Cir. 2018). “37 C.F.R. § 1.311 . Thereafter, Novartis made a supplemental disclosure of two prior art references that disclosed the mesylate salt of imatinib (but not the ß-crystalline form of imatinib mesylate for which Novartis sought the patent).”
In Re: Brandt, 886 F.3d 1171 (Fed. Cir. 2018). “§ 131 ; 37 C.F.R. § 1.311 . If not, the examiner issues a Final Office Action rejecting the claims for a second time, or the examiner can alternatively reconsider the application before final action.”
Ropes & Gray LLP v. Jalbert, 93 U.S.P.Q. 2d (BNA) 1146 (Mass. 2009). “§ 151 (2006) (written notice of allowance of application and issuance of patent); 37 C.F.R. §§ 1.311 , 1.314 (same), thereby conferring valuable property rights on its owner, which subsequently may be sold.”
Hyatt v. United States Pat. & Trademark Off., 146 F. Supp. 3d 771 (E.D. Va. 2015). “See 37 C.F.R. §§ 1.311 , 1.314. In the course of prosecution, the examiner may issue a Requirement for Information directing the applicant to submit “such information as may be reasonably necessary to properly examine or treat the matter.”
Exelixis, Inc. v. Kappos, 906 F. Supp. 2d 474 (E.D. Va. 2012). “]” 37 C.F.R. § 1.311 (a). The applicant must then pay the requisite fees within three months, otherwise the application will be deemed abandoned.”
Janssen Pharmaceutica, N.V. v. Kappos, 844 F. Supp. 2d 707 (E.D. Va. 2012). “37 C.F.R. § 1.311 ; Manual of Patent Examining Procedure (“MPEP”) § 1.”
Hyatt v. United States Pat. & Trademark Off., 110 F. Supp. 3d 644 (E.D. Va. 2015). “37 C.F.R. § 1.311 . Upon receiving these fees, the PTO will issue the patent.”
Exelixis, Inc. v. Kappos, 919 F. Supp. 2d 689 (E.D. Va. 2013). “37 C.F.R. § 1.311 . Once payment is received, the patent may issue.”
Gilead Sciences, Inc. v. Rea, 976 F. Supp. 2d 833 (E.D. Va. 2013). “37 C.F.R. § 1.311 (a). Throughout the application process, an applicant has a duty to disclose “all information known to that individual to be material to patentability.”
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