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What Happens Once My Patent Application is Approved by a Patent Examiner?

The patent prosecution process ends when the patent application is approved or abandoned. The legal term for approval of a patent application is “allowance.” If your case is allowed, then the patent examiner is satisfied that the application is in the proper format, without inconsistencies, and complies with applicable patent laws.

But what happens next?

After an application is allowed, the United States Patent and Trademark Office charges “issue & publication” fees. These fees cover the cost of finalizing your patent application, assigning the patent number, preparing the document for printing, and print a lovely bound copy with a shiny gold seal. You will have three months from the date the Notice of Allowance is sent to pay these fees or your application will be abandoned. Once the fees are paid the U.S.P.T.O will “issue” the patent, assign it a number and print the formal copy. This copy is sent to your attorney, or whomever represents you in the case. You should expect to wait 1-2 months on average to receive your U.S. Patent.

Current .S. Utility Patent Issue & Publication Fees:

Publication: 300

Standard Issue Fee: 1780.00

Small Entity Issue Fee: 890.00

Micro-Entity Issue Fee: 445.00

  • These fees change each October
  • Check with your attorney or representative foe information on fee rates. You may be eligible for reduced fees.



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