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Notice of allowance

Definition

A document the USPTO sends when an examinerexaminerThe USPTO official who reviews a patent application and decides whether to grant it.Read more → has determined that the claimsclaimsThe numbered statements at the end of a patent that legally define what the inventor owns.Read more → in a patent application are allowable and a patent will be issued — once the applicant pays the issue fee. Receiving a notice of allowancenotice of allowanceUSPTO document signaling claims are allowable and a patent will issue once the applicant pays the issue fee.Read more → means prosecutionprosecutionThe whole process of moving a patent application from filing through grant or abandonment at the USPTO.Read more → is essentially over. The applicant typically has three months to pay the issue fee.

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Prosecution

The entire process of applying for a patent at the USPTO — from filing to grant or abandonment. Prosecution includes submitting the application, responding to office actions, amending claims, conducting examiner interviews, and ultimately receiving a notice of allowance or deciding to appeal or abandon. The full record of prosecution is preserved in the file wrapper.

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Examiner

A USPTO employee trained in a specific technical field who reviews patent applications for compliance with patent law. Examiners search prior art, write office actions rejecting or allowing claims, and conduct interviews with applicants or their attorneys. The examiner assigned to your application has significant discretion in how they interpret your claims and apply prior art.

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File wrapper

The complete record of all communications between an applicant and the USPTO during patent prosecution — including the original application, all office actions, all responses, and the notice of allowance. Also called the "prosecution history." The file wrapper is public and permanent; courts use it during litigation to interpret the scope of claims based on statements the applicant made to the examiner.

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Patent

A government-granted right that gives an inventor the exclusive right to prevent others from making, using, selling, or importing a patented invention within the country that granted the patent, for a limited time. A patent does not give the owner the right to practice the invention — only the right to exclude others. The US issues three types: utility, design, and plant patents.

Non-practicing entity (NPE)

A patent owner that does not make or sell products practicing its patents but earns money by licensing or asserting them. The pejorative term 'patent troll' refers to NPEs seen as using the high cost of litigation to extract settlements.

Non-obviousness

One of the three core requirements for a utility patent. An invention is non-obvious if someone with ordinary skill in the relevant field could not have easily combined existing knowledge to arrive at the invention. Non-obviousness (35 USC § 103) is the most frequently litigated and most difficult requirement to satisfy — the line between "obvious" and "not obvious" is contested in almost every patent case.

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