If, on examination of the application, or at a later stage during the
reconsideration of the application, the patent application is found to
be allowable, a notice of allowance will be sent to the applicant, or to
applicant’s attorney or agent of record, if any, and a fee for issuing
the patent is due within three months from the date of the notice. If
timely payment of the issue fee is not made, the application will be
regarded as abandoned. See current fee schedule.
A provision is made in the statute whereby the Commissioner may accept
the fee late, when the delay is shown to be unavoidable. When the issue
fee is paid, the patent issues as soon as possible after the date of
payment, dependent upon the volume of printing on hand. The patent grant
then is delivered or mailed on the day of its grant, or as soon
thereafter as possible, to the inventor’s attorney or agent if there is
one of record, otherwise directly to the inventor. On the date of the
grant, the patent file becomes open to the public. Printed copies of the
specification and drawing are available on the same date.
In case the publication of an invention by the granting of a patent
would be detrimental to the national defense, the patent law gives the
Commissioner the power to withhold the grant of the patent and to order
the invention kept secret for such period of time as the national
interest requires.