Key Takeaways

  • A Notice of Allowance (NOA) signals that the USPTO has approved a patent or trademark application for issuance or registration.
  • For patents, this notice includes instructions for submitting final drawings and paying the issue fee within three months.
  • For trademarks, applicants must file a Statement of Use (SOU) or request an extension within six months, or the application will be abandoned.
  • The NOA does not guarantee registration—the applicant must complete post-allowance formalities.
  • You can defer patent issuance under limited circumstances and must file continuation or divisional applications before the original patent issues.
  • Deadlines are strict; failing to respond on time may require a revival petition and additional fees.

What is a Notice of Allowance?

A Notice of Allowance is a document sent to a patent applicant from the United States Patent and Trademark Office (USPTO) after a patent examiner has decided to issue the requested patent. The Notice of Allowance comes after the inventor has turned in a patent application and provided all information about the invention. This information includes the patent's description, design, drawings, or blueprints.

Since the Notice of Allowance shows the application is complete and meets all requirements, it is the final step in the long and complex patent application process. Your patent application has been fully reviewed and your invention has been given the green light for patenting. All that's left is to pay remaining fees and send any drawing corrections.

When a USPTO examiner feels an invention qualifies for a patent, he or she prepares a Notice of Allowance. When mailed to the inventor, the notice's mailing date is electronically recorded. If it will be published, the application requires both a publication and issue fee. Any fee requirements are listed in the Notice of Allowance. Applicants are also reminded to send an extra copy of the "Notice of Allowance and Fees Due" form when paying fees.

Once the issue fee has been paid, you'll be sent an Issue Notification letting you know your patent number and its anticipated issue date. Any extra patent applications based on the original "parent" application will need to be filed before the parent patent issue.

Eighteen months or more after the patent application's earliest filing date, the USPTO will publish the patent and it will be on public file.

What's Included in a Notice of Allowance?

The notice of allowance consists of three sections: the header, section B, and a series of notes.

  • The header identifies the inventor, the invention, and the patent case number.
  • Section B identifies the fees due in order to complete the patent process. You must complete section B and return it to the USPTO within the specified timeframe.
  • The series of notes included in the notice of allowance indicate the due date for any requested paperwork and fees.

Issuance of the Notice of Allowance

According to Section 13(b)(2) of the Trademark Act, the Notice of Allowance is provided if the application is not opposed. The notice is an intent-to-use application informing the inventor that the patent will be issued about eight weeks from the marked publishing date. The Notice of Allowance is important because its issue date establishes the priority date for filing a statement of use. The USPTO never publishes any information about a Notice of Allowance in the Official Gazette.

The information contained in the Notice of Allowance must be correct. Any errors should be pointed out as soon as possible. As an applicant, if you fail to file a statement of use on time or ask for an extension, the entire patent application will be abandoned.

Intent-to-Use Applications in Commerce

When a trademark is published under the applicant's intention to use it in commerce but no one files an extension request or opposition, the USPTO will issue a notice of allowance about 12 weeks from the trademark's publication date. As the applicant, you then have six months to use the trademark commercially and submit a statement of use or request a six-month extension.

The notice of allowance is an official written notification from the USPTO that your trademark survived the opposition period after publication in the Official Gazette and has been allowed. However, it doesn't mean the trademark is registered yet. The notice of allowance is simply another step toward registration.

Timing and What the Notice Triggers

Once the USPTO issues a Notice of Allowance for a patent, it starts a critical countdown. Applicants are required to pay the issue fee—usually within three months—and submit final versions of any required drawings. This is a non-extendable deadline. For trademarks filed under the intent-to-use basis, the notice is issued roughly 12 weeks after publication in the Official Gazette, provided no oppositions are filed.

For trademark applications, the mailing date of the Notice of Allowance is also when the six-month window to file a Statement of Use begins. Failing to take action within this window without an extension will result in abandonment.

Why is a Notice of Allowance Important?

Not only does the Notice of Allowance tell the applicant that his or her patent will be issued, but it also requests specified issue fees be paid within three months from the allowance's mailing date. Since the last deadline cannot be extended and failing to pay the fee results in losing the patent, the Notice of Allowance is a crucial document you'll want to be on the lookout for. The total amount of fees you'll need to pay varies depending on the type of patent and whether clarifications or amendments are needed.

The Notice of Allowance is so important that if it is returned to the USPTO for any reason, a new one is sent out with the file reflecting the new remailing date. The document also can't be withheld if the inventor dies and the executor doesn't intervene.

Consequences of Missing Deadlines

Missing deadlines after receiving a Notice of Allowance can have serious consequences:

  • Patent applicants who fail to pay the issue fee on time will have their application deemed abandoned. Reviving it may be possible, but it requires filing a petition to revive along with additional fees and a valid explanation for the delay.
  • Trademark applicants who do not file a Statement of Use or request an extension within six months risk losing their application. After abandonment, revival is possible only if the delay was unintentional and is addressed within two months of the USPTO's notice.

These post-allowance steps are just as important as the initial filing and examination. Timely action is essential to secure rights.

What Happens When an Applicant Files a Statement of Use or Extension on Time vs. When the Applicant Doesn't?

Given that you have six months from the notice of allowance's mailing date to file your statement of use or extension, you should proceed immediately after receiving the notice of allowance.

However, if you're not currently using the mark in commerce on the services or goods listed in the application, you should file an extension request and required fees to avoid having your trademark abandoned. Extensions are given in six-month increments, so you must continue to file an extension every six months up to the maximum amount of five extension requests.

If you are using the trademark commercially, file the statement of use and all fees within six months of the notice of allowance. You cannot withdraw your statement of use, but you may file one extension request along with the statement of use to buy more time to overcome any deficiencies in your statement.

If you don't file your extension request or statement of use on time, the application is no longer pending and you lose the trademark. To continue the application process, you'll have to revive the application within two months of the abandonment date with a petition.

Steps to File

Responding to the Notice of Allowance is an easy process.

Once you receive the notice, you're instructed on how to pay the issue fee and submit revised or final drawings of your invention. As long as you send the USPTO the requested fees and drawings within three months from the Notice of Allowance's mail date, obtaining your patent is the next and last step.

Additional Considerations for Trademark Applicants

Trademark applicants should understand the specific requirements following a Notice of Allowance:

  • A Statement of Use (SOU) must demonstrate that the mark is being used in commerce for the goods/services listed in the application.
  • If use in commerce hasn’t begun, the applicant may request a six-month extension, renewable up to five times (for a total of 36 months maximum).
  • The SOU must include:
    • A verified statement that the mark is in use
    • The date of first use in commerce
    • A specimen showing the mark as used
  • If the SOU is rejected, the USPTO will issue an office action, which must be addressed within the given timeframe.

Failure to comply with these steps can result in abandonment, requiring a revival petition to continue the application process.

Additional Considerations for Patent Applicants

Beyond submitting fees and drawings, patent applicants should keep the following in mind:

  • Continuation and divisional applications must be filed before the parent patent issues. After issuance, these options are no longer available.
  • Applicants may request a deferment of issuance for up to one month (longer deferments require extraordinary circumstances and are rarely granted).
  • It's advisable to review the Notice of Allowance carefully for errors in bibliographic data (e.g., inventors' names or application number). Corrections must be filed quickly to avoid complications.
  • Once the issue fee is paid, the USPTO will send an Issue Notification with the patent number and scheduled issue date—this typically arrives about two weeks before formal issuance.

Frequently Asked Questions

  1. What is the purpose of a Notice of Allowance?
    It notifies the applicant that their application has been approved and outlines the next required steps, such as fee payment or submission of use evidence.
  2. Is a Notice of Allowance the same as registration?
    No. It means the application has been approved, but the applicant must still complete final requirements like paying the issue fee (patents) or submitting a Statement of Use (trademarks).
  3. Can I request an extension after receiving a trademark Notice of Allowance?
    Yes. You can request up to five six-month extensions (a total of 36 months) to file your Statement of Use.
  4. What happens if I miss the deadline after a Notice of Allowance?
    Your application will be considered abandoned. You may be able to file a revival petition within two months, but it's not guaranteed.
  5. How long does it take for a patent to issue after paying the issue fee?
    Typically, the patent is issued about four to six weeks after the USPTO processes the fee and final documents.

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