Notice of Allowance

Final Steps to Patent Approval and Issuance

A Notice of Allowance (NOA) is an official letter from the United States Patent and Trademark Office (USPTO) signaling that an application has cleared examination and is on track for grant. Receiving an NOA is a positive development. The NOA means your patent application is allowed and the patent claims have been approved by the examiner after any required office action responses. However, an NOA is not a granted patent yet. It comes with final responsibilities, like paying issue fees and filing additional documents, to actually obtain the patent. This article breaks down the Notice of Allowance process, explaining the next steps and how to avoid pitfalls on the way to issuance.

When Is a Notice of Allowance Issued in a Patent Application?

In the patent process, patent applications filed with the USPTO are examined to ensure that the claimed invention meets the patentability standards. The claim invention must be proper patentable subject matter, novel, and non-obvious, and must also meet the formality requirements of written description and enablement. A NOA is issued when the USPTO examiner determines that the application meets these requirements and is entitled to a patent under US patent law (i.e. all patentability requirements are met). This typically follows one or more rounds of patent examination and any necessary amendments and responses to office actions. The NOA is mailed to the correspondence address on record, which is usually the address of the applicant or their patent attorney. Importantly, the NOA indicates that the application has been allowed, meaning the patent office has approved the claims, but it is not yet an issued patent.

What Does the Notice of Allowance (NOA) Include?

A patent Notice of Allowance consists of an official letter and an attached “Fee(s) Due” form (Fee Transmittal Form PTOL-85B). The notice lists key details like the application number, inventor name, the title of the invention, and the date the Notice of Allowance was mailed. It also includes a summary of the allowed claims and a notice of allowability document explaining any examiner remarks about the allowance. Crucially, the NOA specifies a sum constituting the issue fee that must be paid for the patent to issue. This is the last fee in the patent application process, after which the patent can be granted.

Issue Fee and Publication Fee - Post-Allowance Fees

The issue fee is a fee due upon allowance of a patent application. The Notice of Allowance will state the total amount due, which includes the issue fee and the deadline for paying the fee. The post-allowance fees set by the patent office no longer include a required publication fee. The issue fee can vary based on the type of application (utility application, design application, or plant patent application) and entity status (small or micro entities receive discounts). The fee(s) due form attached to the NOA (PTOL-85B) will itemize the correct issue fee and indicate if a publication fee is required, indicating the exact amount to pay. It is critical to pay such fees in time to avoid losing your application.

How to Pay the Issue Fee - Fee Transmittal Form & Methods

Paying the issue fee is straightforward, and the USPTO gives several options. To advance the patent application to a granted patent, the applicant files the Fee Transmittal form (PTOL-85B) included with the NOA and the required issue fee payment. This form can be mailed back with a check or credit card details, or you can pay electronically via the USPTO’s online systems. Many applicants opt to pay online or use a USPTO deposit account. A deposit account is a pre-funded USPTO account. An authorization to charge a deposit account for the issue fee can be filed for an individual application after the NOA is received. The NOA form allows you to authorize payment from a deposit account identified in the form or to include credit card payment via a PTO-2038 form. Regardless of method, be sure to include the application number and fee transmittal form so the payment is properly applied to your application.

Deadline to Pay: The Three-Month Period

By law, the issue fee must be paid within three months from the NOA’s mailing date. This is a strict deadline. No extensions of this deadline are allowed by the USPTO, unlike some other patent deadlines. There are no extension requests that can be filed. If you miss the due date and fail to pay the required fees by the end of the three-month window, the application will be regarded as abandoned by the USPTO. An abandoned application means you lose the opportunity to get the patent, unless you take extra steps to revive it, which can be costly and uncertain. Thus, timely payment is critical to avoid abandonment of your allowed patent application.

Consequences of Failure to Pay

If you fail to pay the issue fee by the deadline and the application goes abandoned, you would have to file a petition to revive the application, showing that the delay in payment was unintentional, in order to continue forward. There is also a significant fee that must be paid with the petition. It’s far better to avoid this situation altogether by paying on time. Here are some tips to prevent errors:

• Double-check the fee amount: Pay the correct issue fee as listed on the NOA. If an incorrect issue fee amount is sent or a payment is missing, the USPTO may try to help if you have a prior payment authorization on file. For instance, if you submit the wrong amount or send the fee transmittal form without a check, but you had previously given authorization to charge fees, the Office can charge the correct issue fee to your deposit account to cover the shortfall. A general or specific previously filed authorization to charge fees will be treated as permission to charge any deficit so that your patent is not abandoned due to a clerical mistake. Similarly, if you provided deposit account information on the form but forgot to tick the authorization box, the USPTO will still charge the deposit account to pay the required fees.
• Monitor correspondence: Make sure you actually receive the NOA. It is sent to the official correspondence address. If you or your attorney moves or changes contact info, update the USPTO records promptly. Not receiving the notice is not an excuse for non-payment. It is wise to track your application status regularly through the USPTO’s online Patent Center system, which can show when an NOA and other communications are mailed.

After Payment: Issue Notification and Patent Grant

Once the issue fee and any publication fee are paid, the USPTO processes the application for issuance. The patent will be scheduled for issuance and grant as a United States Patent. Typically, the USPTO issues the patent within a few weeks after fee payment, usually about 4–6 weeks. The USPTO will send an Issue Notification to the applicant, which is a notice telling you the scheduled patent number and issue date of your patent. The issue date is when your patent rights officially begin.

As of recent practice, Issue Notifications are generally sent out 2-3 weeks before the patent issues. The patent number is assigned just before issuance and will be listed on this notification. Upon issuance, the USPTO will publish the patent document and mail out a patent certificate. At that point you have an enforceable patent.

After an NOA but before issuance, applicants who want to make further changes or pursue additional claims can file a continuation application, while the original case is allowed. Such submission should ideally be done before paying the issue fee or at least before the patent actually issues. Once the patent issues, you lose the option to pursue further patent coverage through a continuation application.

Conclusion

A Notice of Allowance signals approval of your application and lays out the final steps needed to obtain your patent rights. That means paying the issue fee to get your patent granted. This will transition from an allowed application to an official United States patent. Before the Notice of Allowance is mailed, the patent examiner must be convinced that your claimed invention is patentable. The patent examination process can be complex and confusing.

If you need assistance with the patent filing and examination process, you should seek the assistance of a qualified patent attorney. A skilled patent attorney can ensure all formalities and substantive issues are handled correctly.

Contact our office if you are pursuing a patent or other intellectual property matter for a free consultation.

© 2026 Sierra IP Law, PC. The information provided herein does not constitute legal advice, but merely conveys general information that may be beneficial to the public, and should not be viewed as a substitute for legal consultation in a particular case.