Legal Definitions - allowed application

An allowed application in patent law refers to a patent application that has successfully completed the examination process at a patent office and has been deemed to meet all the legal requirements for patentability. When an application is "allowed," the patent examiner has determined that the claimed invention is novel, non-obvious, and adequately described, and that the application otherwise complies with all statutory and regulatory requirements. The patent office then issues a "Notice of Allowance," signaling its intent to grant a patent based on the allowed claims, provided the applicant pays the required issue fees within a specified timeframe. This stage marks a significant milestone, as it indicates that the inventor is very close to securing exclusive rights to their invention.

• Example 1: A small startup, "InnovateTech," files a patent application for a new algorithm that significantly improves data compression. After several rounds of communication with the patent examiner, including amendments to their claims, InnovateTech receives a "Notice of Allowance." This means their application is now an allowed application, and the patent office is ready to grant them a patent for their algorithm once they pay the final fees. This illustrates that the patent office has found their invention to be patentable and is prepared to issue the patent.

• Example 2: Maria, an independent inventor, designed a unique ergonomic gardening tool. She submitted a patent application detailing its design and functionality. After a year of examination, during which she clarified certain aspects of her invention, the U.S. Patent and Trademark Office (USPTO) sends her a notice stating that her application for the gardening tool has been approved for issuance. Maria's application is now an allowed application, signifying that her invention has met the patentability criteria and is on the verge of becoming a granted patent.

• Example 3: "BioPharm Corp." developed a novel chemical compound for treating a rare disease and filed a patent application for it. The patent examiner initially raised concerns about the compound's novelty compared to existing research. BioPharm's patent attorneys successfully argued for the distinctiveness of their compound and provided additional experimental data. Subsequently, the patent office issued a Notice of Allowance. At this point, BioPharm's application for the new drug compound became an allowed application, indicating that the patent office has agreed to grant the patent, recognizing the compound's unique and patentable characteristics.