POST ALLOWANCE REVIEW

Aug, 2020By barcodeIP

The Notice of Allowance is just a step away from issuance of a patent. This stage is critical and requires a thorough review to ensure that there are no gaps with regards to completeness of documentation and prosecution formalities. Once a Notice of Allowance has been issued, it will no longer be reviewed by the examiner.

Just like proofreading, which is done to eliminate errors from a patent application, the Post Allowance Review is conducted to fix inconsistencies in the application which ultimately affect the enforceability of a patent. Depending on the severity of the errors, an RCE may need to be filed or the patent deferred to issue by filing a petition.

A checklist comes handy while conducting the review. Critical sections which need to be looked into are the ADS sections, all formal document submission, signatures, proofreading errors and the like.

1. Application Details

The application is reviewed for

  • Claims as filed
  • Claims ‘to be' issued
  • Restriction requirement
  • Incorporation of Examiner’s amendment
  • Examiner’s Reasons of Allowance
  • Terminal disclaimer filed to obviate obviousness type double patenting rejection

2. Bibliographic Details

  • Inventor details
    • Correct order of inventor’s listing, spellings, middle name initials, change in inventor-ship
  • Title
  • Filing Date
  • Priority
    • In the ADS the priority information should be properly mentioned under provisional, domestic & foreign sections
    • If application is based on a foreign application, if a certified copy of the foreign application has been filed?
    • Information appearing in ADS, specification, filing receipt and PAIR should be consistent
  • Entity Status
    • Change in entity status during prosecution and the fee

3. Documentation

  • Oath & Declaration
    • To be checked for submission and signatures of all inventors, requirement of supplemental Oath & Declaration document
  • Notice to file corrected papers
    • To be checked for submission
  • Foreign Filing License issues

4. Cited Art Review

  • Determine if all the entries in the PTO-1449 form have been checked by the examiner and initialed.
  • Determine if any additional reference needs to be cited in the subject application after a thorough review of cited art of the family members.

With the above mentioned checks, most of the gaps can be identified that need to be fixed. BarcodeIP provides a comprehensive ‘Post Allowance Review’ at the stage of Allowance.

Our report focuses on fixing the inconsistencies, provides information support for filing the Continuations and Divisional and also provides administrative support in preparing the allowed clean claim set.

Additionally, our report is fully customizable. You may also opt for getting the specification, claims and drawings proofread and getting them corrected by way of preparation and submission of 1.312 amendment document.

Have a custom need? Reach us at mail@barcodeip.com

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barcodeIP is an intellectual property paralegal and secretarial support services firm. Our approach is based on understanding a Client’s need, following a defined process, achieving the desired results and working towards continual growth of our clients.

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