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What happens upon receipt of the Notice of Allowance?
The file is reviewed, formal drawings are made, if this has not already been done, and an issue fee is paid after receipt of the Notice of Allowance. A two (2) month period is provided to do this work.
Formal drawings are often delayed until this time to avoid paying the cost until necessary, since not every application is allowed. Although the national average of patents issuing per application is only about 50%, our experience shows competent professionals have a much higher success rate. We believe that pro se applicants and the former practice of submarine patents lower the average.
Non-obviousness is anything that is outside the ability of one having ordinary skill in the art. This is a subjective test that is difficult to explain and difficult to apply. In essence, one looks to two or more prior existing inventions to find the part of the invention in question. Typically, this can be found in all inventions. To combine the parts of different inventions there must also be a teaching to make the combination. Typically, this teaching is not present in patentable inventions.
Updated: 11/12/99
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