In intellectual property law, a notice of allowance is a document sent by the United States Patent and Trademark Office (USPTO) to an applicant after their patent or trademark is approved.
It should be noted that notices of allowance are most commonly issued in reference to patent approvals. This is considered the final step before a patent can be issued. Once the notice is sent, the applicant has three months to pay a fee for the patent. If the patent fee is not made within the three-month period, the application will be considered abandoned.
Nevertheless, once the fee is paid, the official patent grant is mailed to the owner or the inventor’s attorney or agent on record. As soon as the patent grant is issued, the patent file becomes public.
There are three main components to a patent notice of allowance:
Notices of allowance work slightly differently when it comes to trademarks. In trademark law, receiving a notice of allowance means that:
Generally, the Statement of Use must be filed within six months of the date of the notice of allowance. However, the statement can only be filed if the trademark is in use in commerce at the time. If the trademark is still not in use after the six month period lapses, you can file a Request for an Extension of Time which typically grants another six months to use.
In the process of applying for a patent or trademark, receiving a notice of allowance is a significant milestone. If you’ve received a notice of allowance and need guidance regarding your next steps, reach out to an Attorney At Law intellectual property lawyer immediately. These documents require legal attention as soon as possible as fee deadlines tend to approach quickly.