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index | minireview chapter index
| 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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