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Patents - 35 USC Section 151

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01/19/04


Sec. 151. Issue of patent


If it appears that applicant is entitled to a patent under the
law, a written notice of allowance of the application shall be
given or mailed to the applicant. The notice shall specify a sum,
constituting the issue fee or a portion thereof, which shall be
paid within three months thereafter.
Upon payment of this sum the patent shall issue, but if payment
is not timely made, the application shall be regarded as abandoned.
Any remaining balance of the issue fee shall be paid within three
months from the sending of a notice thereof and, if not paid, the
patent shall lapse at the termination of this three-month period.
In calculating the amount of a remaining balance, charges for a
page or less may be disregarded.
If any payment required by this section is not timely made, but
is submitted with the fee for delayed payment and the delay in
payment is shown to have been unavoidable, it may be accepted by
the Director as though no abandonment or lapse had ever occurred.

Last modified: April 20, 2006