35 U.S.C. 151 — Issue of patent
Ninth Edition, Revision 01.2024
(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.
(Amended July 24, 1965, Public Law 89-83, sec. 4, 79 Stat. 260; Jan. 2, 1975, Public Law 93-601, sec. 3, 88 Stat. 1956; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); Dec. 18, 2012, Public Law 112-211, sec. 202(b)(6), 126 Stat. 1536.)
Cited by
- 101 General
- 1134 Third Party Inquiries and Correspondence in a Published Application
- 1306 Issue Fee
- 1308 Withdrawal From Issue
- 1504.02 Novelty
- 1893.03(b) The Filing Date of a U.S. National Stage Application
- 2120 Rejection on Prior Art
- 2151 Overview of the Changes to 35 U.S.C. 102 and 103 in the AIA
- 2152 Detailed Discussion of AIA 35 U.S.C. 102(a) and (b)
- 2152.07 Form Paragraphs for Use in Rejections Under AIA 35 U.S.C. 102
- 2217 Statement Applying Prior Art in a Request Filed under 35 U.S.C. 302
- 2258 Scope of Ex Parte Reexamination
- 2720 Applications Filed Between June 8, 1995, and May 28, 2000
- 2730 Applications Filed on or After May 29, 2000; Grounds for Adjustment
- 2731 Period of Adjustment
- 2732 Reduction of Period of Adjustment of Patent Term
- 2733 Patent Term Adjustment Determination
- 706.07(h) Request for Continued Examination (RCE) Practice
- 709 Suspension of Action
- 710 Period for Reply
- 710.02(e) Extension of Time
- 711.03(c) Petitions Relating to Abandonment
- 804.03 Commonly Owned Inventions of Different Inventive Entities; Non-Commonly Owned Inventions Subject to a Joint Research Agreement
- 35 U.S.C. 102 Conditions for patentability; novelty
- 35 U.S.C. 122 Confidential status of applications; publication of patent applications
- 35 U.S.C. 154 Contents and term of patent; provisional rights
- 35 U.S.C. 154 (pre-AIA) Contents and term of patent; provisional rights
- 35 U.S.C. 267 Time for taking action in Government applications
- 37 CFR 1.103 Suspension of action by the Office
- 37 CFR 1.701 Extension of patent term due to examination delay under the Uruguay Round Agreements Act (original applications, other than designs, filed on or after June 8, 1995, and before May 29, 2000)
- 37 CFR 1.702 Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000)
- 37 CFR 1.702 (pre-2013-04-01) Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000)
- 37 CFR 1.703 Period of adjustment of patent term due to examination delay
- 37 CFR 1.703 (2012-09-17 thru 2013-03-31) Period of adjustment of patent term due to examination delay
- 37 CFR 1.703 (pre-2012-09-17) Period of adjustment of patent term due to examination delay
- 37 CFR 1.704 Reduction of period of adjustment of patent term
- 37 CFR 1.704 (2015-03-10 thru 2020-07-15) Reduction of period of adjustment of patent term