Where’s my Patent Certificate?

You’ve come to an agreement with your Examiner. You’ve gotten your Notice of Allowance, paid the issue fee, and received an Issue Notification. So, where’s your official patent certificate with the shiny USPTO seal?

Short US Patent - exampleanswer: as of the Issue Date, it’s in the mail.

Long answer: On the issue date provided in your Issue Notification, it will be mailed to the representative of whoever owns the intellectual property.

If a patent agent or attorney has filed a Power of Attorney for this patent application, he or she is the “attorney of record.” The certificate will be mailed to the attorney of record, who will presumably forward it to you.

If there is no attorney of record, then the certificate will be mailed to whoever owns the intellectual property in question. This means that if there is an assignee it will be sent to the address of the assignee, which was given in the filed Assignment or in the Application Data Sheet (ADS). If there is no assignee, the granted patent will be sent to you, the inventor, to the address you gave in the ADS.

You can order extra certified copies from the USPTO for $25 per copy.

The USPTO’s summary of issue procedure:

“When the required fees are paid, the patent issues as soon as possible after the date of payment, dependent upon the volume of printing on hand. The patent grant then is delivered or mailed on the day of its grant, or as soon thereafter as possible, to the inventor’s attorney or agent if there is one of record, otherwise directly to the inventor. On the date of the grant, the patent file becomes open to the public for applications not opened earlier by publication of the application.”

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