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14. What to Do After Receiving a Notice of Allowance
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In this episode of Patent Pending Made Simple, Jaime and Samar tell you what a notice of allowance is, how it should be treated, and what you need to do after receiving one.
Summary
In this episode, the hosts discuss what to do after receiving a notice of allowance on a patent application. They explain a notice of allowance and how long it typically takes to receive one. They emphasize the importance of reviewing the notice of allowance and any examiner's amendments and paying the issue fee. They also discuss the duty of disclosure, the need to file an information disclosure statement (IDS), and a request for continued examination (RCE) if new relevant references are discovered. The hosts also recommend considering filing a continuation application and discussing the timeline for patent issuance. They mention the importance of patent marking and needing maintenance fees to keep the patent in force. The episode concludes with a reminder that the podcast does not provide legal advice.
Takeaways
Review the notice of allowance and any examiner's amendments carefully
Pay the issue fee to move forward with the patent application
Disclose any new relevant references through an information disclosure statement (IDS) and a request for continued examination (RCE)
Consider filing a continuation application to capture different claim scopes
Be aware of the timeline for patent issuance and the need to pay maintenance fees
Mark the product as patented to access certain types of damages
Remember that the podcast does not provide legal advice
Chapters
00:00 Introduction and Overview
00:20 Explanation of Notice of Allowance
01:33 Timeline for Receiving a Notice of Allowance
03:27 What to Do After Receiving a Notice of Allowance
04:43 Duty of Disclosure and Information Disclosure Statement (IDS)
06:06 Importance of Meeting Duty of Disclosure
07:18 Request for Continued Examination (RCE)
08:09 Considerations for Filing a Continuation Application
10:08 Timeline for Patent Issuance
11:22 Importance of Filing a Continuation Application
13:48 Patent Marking and Maintenance Fees
16:22 Conclusion and Disclaimer
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