Skip to content
LexBuild

35 USC § 151 - Issue of patent 

---
identifier: "/us/usc/t35/s151"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 151 - Issue of patent"
title_number: 35
title_name: "PATENTS"
section_number: "151"
section_name: "Issue of patent"
chapter_number: 14
chapter_name: "ISSUE OF PATENT"
part_number: "II"
part_name: "PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536.)"
---

# § 151. Issue of patent

**(a)** **In General.—** If it appears that an 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 and any required publication fee, which shall be paid within 3 months thereafter.

**(b)** **Effect of Payment.—** Upon payment of this sum the patent may issue, but if payment is not timely made, the application shall be regarded as abandoned.

---

**Source Credit**: (Added Pub. L. 112–211, title II, § 202(b)(6), Dec. 18, 2012, 126 Stat. 1536.)

## Editorial Notes

### Prior Provisions

A prior section 151, , ; , , ; , , ; , , , 1501A–582; , , , related to issue of patent, prior to repeal by , , .

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the date that is 1 year after , applicable to patents issued before, on, or after that date and patent applications pending on or filed after that date, and not effective with respect to patents in litigation commenced before that date, see , set out as a note under .