35 U.S.C. § 151 — Issue of patent

submitted 14 years ago by Pub. L. 112-211 to r/title-35-PATENTS · 85 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains how a patent is finally issued. If an application qualifies, the Patent Office sends a notice of allowance, and the applicant must pay the issue fee and any publication fee within three months. Paying on time lets the patent issue; missing the deadline treats the application as abandoned.

(a) In General. If the Patent and Trademark Office finds that an applicant is entitled to a patent under the law, it gives or mails the applicant a written notice of allowance. This notice specifies a sum of money the applicant must pay, made up of the issue fee and any required publication fee. The applicant has three months after the notice to pay it. (b) Effect of Payment. If the applicant pays this sum, the patent may then issue. But if the payment is not made on time, the application is regarded as abandoned.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Added Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536.)

history & why it existsrecord from the source credit

2012Enacted · Pub. L. 112-211 · 126 Stat. 1536

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-211 on 2012-12-18.

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