Question 19
Domain 3: Patent Prosecution and MPEP-Based PracticeAn applicant receives a Notice of Allowance. Within what time period must the issue fee be paid?
Correct answer: B
Explanation
Under USPTO practice, the issue fee must be paid within the period set by the Notice of Allowance, which is three months from the mailing date. If the fee is not paid within that time, the application is treated as abandoned unless the deadline is properly extended.
Why each option is right or wrong
A. One month from the date of the Notice
B. Three months from the date of the Notice
Under 37 C.F.R. § 1.311(a), the issue fee must be paid within 3 months from the date of mailing of the Notice of Allowance. The USPTO does not permit payment later than that period unless a proper extension under 37 C.F.R. § 1.136(a) is obtained; otherwise, the application is abandoned under 35 U.S.C. § 151.
C. Six months from the date of the Notice
D. Twelve months from the date of the Notice