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The young man knows the rules, but the old man knows the exceptions.
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Legal Definitions - reasons for allowance
Definition of reasons for allowance
The term reasons for allowance refers to the official justifications or explanations provided by an authority (such as a court, administrative body, or government agency) for why a particular request, claim, application, or action has been approved or permitted. It outlines the legal, factual, or policy basis supporting the decision to grant or allow something.
Example 1: Patent Application Approval
Imagine a small tech company invents a groundbreaking new method for recycling electronic waste. After submitting a detailed application to the patent office, an examiner reviews their claims. If the examiner determines that the invention meets all the legal criteria for patentability (such as being novel, non-obvious, and useful), they will issue a notice of allowance. This notice will include the reasons for allowance, explaining precisely why the invention satisfies each legal requirement and distinguishing it from prior art. For instance, it might detail how the new method's specific chemical process is unique and not an obvious modification of existing recycling techniques.
Example 2: Estate Claim Validation
Consider a situation where a person passes away, and their estate needs to be settled. A creditor, such as a hospital, submits a claim to the probate court for unpaid medical bills incurred by the deceased. The executor of the estate and the court review the claim. If the court finds the claim to be legitimate and properly documented, it will issue an order allowing the claim. This order would include the reasons for allowance, such as verifying the authenticity of the medical invoices, confirming the services were rendered, and ensuring the claim was filed within the statutory timeframe, thereby justifying its payment from the estate's assets.
Example 3: Zoning Variance Approval
Suppose a homeowner wants to add a small accessory dwelling unit (ADU) to their property, but the proposed structure slightly exceeds the maximum height allowed by local zoning ordinances. They apply to the city's zoning board for a variance. After a public hearing where the homeowner presents their case (e.g., explaining unique property topography or specific family needs), the board might approve the variance. The board's official decision would then detail the reasons for allowance, perhaps citing that the variance would not negatively impact neighboring properties, that strict adherence to the ordinance would create an undue hardship for the homeowner, and that the proposed ADU still aligns with the overall character of the neighborhood.
Simple Definition
"Reasons for allowance" refers to the official statement issued by a patent examiner explaining why a patent application's claims have been found to meet all legal requirements and are therefore approved. This document, often associated with a "Rule 109 Statement," details the specific rationale and legal basis for granting the patent.