Allowance and Issue

Notice of Allowance — MPEP 1303 USPTO sends NOA when all claims are allowable. Applicant has 3 months from NOA to pay issue fee. Period is statutory — NOT extendable under 37 CFR 1.136. Missing the deadline = abandonment. Revival possible only if abandonment was unintentional.

Issue Fee — MPEP 1306 Must be paid within 3 months of NOA. Small entity and micro entity discounts apply. If issue fee not paid, application abandons. After abandonment for failure to pay issue fee, petition for revival with unintentional statement and surcharge.

Amendments After NOA — 37 CFR 1.312 / MPEP 1323 Amendments after NOA entered only at examiner's discretion. Not a matter of right. Must be submitted before patent issues. Used to correct formal errors or make minor claim changes. Substantive amendments generally not entered.

Withdrawal from Issue — 37 CFR 1.313 / MPEP 1308 Withdrawal from issue is NEVER a matter of right — always requires petition fee (37 CFR 1.17(h)) AND showing of good and sufficient reasons. Exception: filing an RCE before the issue fee is paid does not require a withdrawal petition. After issue fee paid: same requirements — petition fee plus good and sufficient reasons. After patent issues: must file reissue or certificate of correction — cannot withdraw. Common reasons for withdrawal: newly discovered prior art, error in claims.

Patent Term — 35 USC 154 Utility patent: 20 years from earliest US filing date. Design patent (filed on or after May 13, 2015): 15 years from grant. Plant patent: 20 years from filing. Patent term adjustment (PTA) added for USPTO delays. Patent term extension (PTE) available for regulatory delays (FDA).