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MiniReview Chapter 1300 - Allowance and Issue

Expect a few questions pertaining to the allowance and issue of patent applications. Pay extra attention to the section on withdrawing from issue and how to handle things if the issue fee isn't paid on time.

Issue fee:
1. the time period for the payment of the issue fee is statutory and cannot be extended
2. the payment of the issue fee cannot be extended, however, the fee can be paid late (the application will have become abandoned during this time period)
3. it is possible to withdraw from issue and then file a continuing application

37 C.F.R. 1.137 discusses paying the issue fee late, it:
1. follows the same procedure as that for reviving applications
2. states that the application is basically abandoned and the applicant will have to revive it once the issue fee is paid
3. the applicant must prove unavoidable or unintentional delay in order to revive it

 

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