§151 — Title 35 Patents | U.S. Code

Summary

When it looks like the applicant should get a patent, the Patent Office must send a written notice saying the application is allowed. The notice will state the amount to pay for the issue fee and any required publication fee, and that amount must be paid within 3 months. If the fee is paid, the patent can be issued. If the fee is not paid on time, the application will be treated as abandoned.

Title 35, §151

Patents — Source: USLM XML via OLRC

(a)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)Upon payment of this sum the patent may issue, but if payment is not timely made, the application shall be regarded as abandoned.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 151, act

July 19, 1952, ch. 950, 66 Stat. 803; Pub. L. 89–83, § 4,

July 24, 1965, 79 Stat. 260; Pub. L. 93–601, § 3, Jan. 2, 1975, 88 Stat. 1956; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906, related to issue of patent, prior to repeal by Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that date and patent applications pending on or filed after that date, and not effective with respect to patents in litigation commenced before that date, see section 203 of Pub. L. 112–211, set out as a note under section 27 of this title.

§151 Issue of Patent