Legal Definitions - notice of allowance

A notice of allowance is an official communication from the U.S. Patent and Trademark Office (USPTO) indicating that an application for a patent or a trademark has been reviewed and found to meet the necessary legal requirements for approval. It signifies that the USPTO intends to grant the requested protection, provided certain final steps are completed by the applicant.

• For patents, receiving a notice of allowance means the USPTO has determined that an invention is novel, non-obvious, and useful, and a patent will be issued once the required issue fee is paid.
• For trademarks, a notice of allowance indicates that a proposed trademark meets the legal criteria for registration on the Principal Register. However, for "intent-to-use" applications, the trademark will only be officially registered once the applicant demonstrates that the mark is actually being used in commercial activities.

Examples:

• Example 1 (Patent Application): Dr. Anya Sharma, an inventor, spent years developing a new type of biodegradable plastic derived from algae. After filing a patent application and responding to several rounds of questions from the patent examiner, she finally receives a notice of allowance from the USPTO.

  Explanation: This notice informs Dr. Sharma that her invention has been deemed patentable. To finalize the patent and receive the official patent document, she now needs to pay the required issue fee. Once paid, her invention will be legally protected.

• Example 2 (Trademark - Intent-to-Use): "FreshBites," a new organic food company, plans to launch a line of healthy snack bars under the brand name "NutriCrunch." Before their official product launch, they file an "intent-to-use" trademark application for "NutriCrunch" with the USPTO. A few months later, FreshBites receives a notice of allowance for their trademark application.

  Explanation: This notice means the USPTO has approved "NutriCrunch" as a registrable trademark. However, because FreshBites filed an "intent-to-use" application, they must now demonstrate to the USPTO that they are actively using "NutriCrunch" in commerce (e.g., selling the snack bars with the brand name) before the trademark is officially registered and protected.

• Example 3 (Patent - Final Steps): A small engineering firm, "InnovateTech Solutions," developed a groundbreaking new sensor for autonomous vehicles. They've invested significant resources in the patent application process, including extensive legal fees and technical drawings. After a thorough examination, InnovateTech receives a notice of allowance for their sensor patent application.

  Explanation: This notice is a critical milestone for InnovateTech, confirming that their invention has successfully cleared all examination hurdles. It signifies that the USPTO is ready to grant the patent, provided InnovateTech pays the final issue fee, thereby securing their exclusive rights to the sensor technology and allowing them to prevent others from making, using, or selling it.