U.S. Code » Title 35 » Part PART II— PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › Chapter CHAPTER 14— ISSUE OF PATENT

35 U.S.C. § 151

Issue of patent

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(a)In General.—If it appears that an applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice shall specify a sum, constituting the issue fee and any required publication fee, which shall be paid within 3 months thereafter.(b)Effect of Payment.—Upon payment of this sum the patent may issue, but if payment is not timely made, the application shall be regarded as abandoned.(Added Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536.)Editorial NotesPrior Provisions

A prior section 151, act July 19, 1952, ch. 950, 66 Stat. 803; Pub. L. 89–83, § 4, July 24, 1965, 79 Stat. 260; Pub. L. 93–601, § 3, Jan. 2, 1975, 88 Stat. 1956; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906, related to issue of patent, prior to repeal by Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536.

Statutory Notes and Related SubsidiariesEffective Date

Section effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that date and patent applications pending on or filed after that date, and not effective with respect to patents in litigation commenced before that date, see section 203 of Pub. L. 112–211, set out as a note under section 27 of this title.

Notes of Decisions
Cited in 39 cases (2 in the last 5 years), 1968–2026 · leading case: Dh Tech., Inc. (Now Axiohm Transaction Solutions, Inc.) v. Synergystex Int'l, Inc., Defendant/cross-Appellant, 154 F.3d 1333 (Fed. Cir. 1998).
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Dh Tech., Inc. (Now Axiohm Transaction Solutions, Inc.) v. Synergystex Int'l, Inc., Defendant/cross-Appellant, 154 F.3d 1333 (Fed. Cir. 1998). · cites it 24× “Accordingly, the court determined that the ’493 patent lapsed on January 21, 1992, pursuant to 35 U.S.C. § 151 (the statutory provision that addresses abandonment of applications and lapse of patents for failure to pay the issue fee), because DHT had paid the small entity issue…”
Teva Pharm. United States, Inc. v. Sandoz, Inc., 113 U.S.P.Q. 2d (BNA) 1269 (2015). “See 35 U.S.C. § 151 ; see also Act of July 8, 1870, § 31, 16 Stat.”
Herbert Markman & Positek, Inc. v. Westview Instruments, Inc. & Althon Enter., Inc., 52 F.3d 967 (Fed. Cir. 1995). “A patent is a statutory grant of the right to exclude others from making, using, or selling the invention recited in the claims, read in light of the specification.”
Hedlund Mfg. Co. v. Weiser, Stapler & Spivak, 539 A.2d 357 (Pa. 1988). · cites it 2× “35 U.S.C.A. § 151 . Subsequently, appellant discovered that the patent application had been filed late, and, as required by regulation, so notified the U.”
Blacklight Power, Inc. v. James E. Rogan, Dir., Pat. & Trademark Off., 295 F.3d 1269 (Fed. Cir. 2002). · cites it 3× “BlackLight argued that 35 U.S.C. § 151 compels issuance when the issue fee has been paid: 35 U.”
Ladd v. Grand Trunk W. RR, Inc., 552 F.3d 495 (6th Cir. 2009). “Ladd’s union appealed the dismissal to a Public Law Board consisting of a union member, a carrier member, and a neutral member and authorized to hear railway employees’ grievances under the Railway Labor Act, 35 U.S.C. § 151 etseq. 2 . In Ladd’s brief on appeal, citing to Joy…”
Univ. of Massachusetts v. Kappos, 903 F. Supp. 2d 77 (D.D.C. 2012). · cites it 2× “§ 132 or a notice of allowance under 35 U.S.C. § 151 not later than fourteen months after the date on which the application was filed[.”
Arachnid, Inc., Plaintiff/cross-Appellant v. Merit Indus., Inc., 939 F.2d 1574 (Fed. Cir. 1991). “35 U.S.C. § 151 , "Issue of patent," provides in part: If it appears that applicant is entitled to a patent under law, a written notice of allowance of the application shall be given or mailed to the applicant.”
Custer v. United States, 224 Ct. Cl. 140 (Ct. Cl. 1980). · cites it 2× “Custer, is entitled "Jet Propelled Channeled Aircraft.” It is undisputed that Custer is the sole party entitled to recovery for infringement of the ’262 patent, 2 if any, inasmuch as the patent was not assigned by him to any other party.”
Nippon Shinyaku Co. v. Iancu, 369 F. Supp. 3d 226 (D.C. Cir. 2019). “See 35 U.S.C. § 151 (a). This notice includes the USPTO's initial determination of the PTA, if applicable.”
Ropes & Gray LLP v. Jalbert, 93 U.S.P.Q. 2d (BNA) 1146 (Mass. 2009). “The USPTO simply will issue a notice of allowance and then grant the patent, see 35 U.S.C. § 151 (2006) (written notice of allowance of application and issuance of patent); 37 C.”
Sampson v. Dann, 466 F. Supp. 965 (D.D.C. 1978). · cites it 5× “10 On April 4,1977, the Issue Division, pursuant to the administrative procedure set out in 35 U.S.C. § 151 , sent a notice of allowance to Sampson, who promptly paid the requisite fee.”
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