Episode description

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