Post-Allowance Patent Report: Reassessing Claim Scope Against the Initial Prior Art Search References + Examiner-Cited References, and Technical Developments Since Filing

Allowance opens a brief window to maximize your patent’s value. Our flat-fee strategy report, delivered before issuance, explains what your allowed claims cover against the cited prior art; how the patent supports valuation, diligence, licensing, and competitive blocking; whether valuable subject matter risks forfeiture; and how to use cited emerging competitors as a marketing tool.

$1,000.00

Written Patent Strategy Report

$1,000.00

Buy Now Add To Cart New Client? Book a $50 Screening

Ideal For:

• Applicants who have received a Notice of Allowance and want a clear, written picture of what their patent will cover, and what it leaves on the table.
• Applicants who commissioned a prior art search before filing and want to know how that early picture compares with what the examiner actually cited.
• Startups and small companies whose product or technology has evolved since the original filing and want to know whether the allowed claims still cover what they sell today.
• Companies preparing for fundraising, acquisition, or licensing discussions.
• Inventors deciding whether to keep a continuation pending to pursue broader, updated, or competitor-focused claims.
• Clients who are handling the issue fee themselves or through other counsel but want an independent strategy review.

Includes:

• Review of the Notice of Allowance, Notice of Allowability, any examiner’s amendment, and the reasons for allowance.
• Review of the allowed claims, with a plain-language explanation of their scope.
• Review of the client’s initial prior art search report, compared against the references cited by the examiner, identifying overlaps, gaps, and any references from the initial search that were never considered during prosecution.
• In-depth review of up to 10 key references drawn from the initial search report and the examiner’s citations combined, summarizing how each limits or distinguishes the allowed claims.
• Specification-to-claims gap analysis identifying subject matter disclosed in the application as filed but not covered by the allowed claims, which may support continuation or divisional claims.
• Review of client-described technical developments since filing (product changes, improvements, new embodiments), with an assessment of whether they fall within the allowed claims, could be pursued in a continuation, or would require a continuation-in-part or new application.
• Written Portfolio Strategy Report covering valuation and diligence positioning, blocking and deterrence considerations, continuation, divisional, and continuation-in-part options with deadlines, foreign-filing status (if applicable), maintenance fee schedule, and patent marking considerations.
• Identification of any apparent issues in the allowed claims that may be worth addressing before issuance, including whether any uncited references from the initial search should be evaluated for a possible post-allowance disclosure.
• One round of written clarification questions answered by email within 14 days of delivery.

Excludes:

• Issue fee filing or any other USPTO filing (available as a separate service).
• USPTO government fees of any kind.
• Preparing or filing a continuation, divisional, continuation-in-part, or other new application (quoted separately).
• Rule 312 amendments, RCEs, petitions to withdraw from issue, or post-allowance Information Disclosure Statements (quoted separately if recommended).
• Freedom-to-operate, infringement, validity, or invalidity opinions.
• Formal patent valuation or appraisal for accounting, tax, or transactional purposes.
• New prior art searching beyond the initial search report and references cited of record.
• Technical review of product documentation, source code, or prototypes beyond a client-provided written summary of developments since filing.
• Competitor product analysis, claim charts, licensing negotiations, or enforcement letters.
• Live calls or meetings, unless the strategy call add-on is purchased.

Deliverables:

• Written Portfolio Strategy Report (PDF), including the prior art comparison, cited reference review, specification gap analysis, post-filing developments assessment, and recommended next steps with deadlines.
• Prior art comparison table showing which references appeared in the initial search, which were cited by the examiner, and which appeared in both.
• Unclaimed subject matter summary identifying disclosed features and embodiments available for potential continuation claims.
• Key-date summary, including the issue fee deadline, anticipated issue date, and maintenance fee windows.
• Email responses to one round of clarification questions.

Assumptions and Limitations:

• The application has a valid Notice of Allowance, and enough time remains before the issue fee deadline for the report to be useful. The deadline is three months from the mailing date of the Notice of Allowance and cannot be extended.
• The client, or other counsel, remains responsible for paying the issue fee on time. Ordering this report does not docket or extend any deadline.
• The client will provide the initial prior art search report (if one exists) and a written summary of any technical developments since filing. If no initial search report exists, the prior art review is limited to references cited of record.
• The specification cannot be amended to add new matter after filing. Technical developments not supported by the original disclosure can only be protected through a continuation-in-part or a new application, and such claims receive a later effective filing date.
• The prior art review is limited to the initial search report and references cited of record and is not an opinion on validity or on any third party’s products.
• Discussion of valuation and blocking strategy is general business-oriented guidance, not a financial valuation or a guarantee of commercial value or enforceability.
• Continuation options must be filed while the parent application is still pending. Once the patent issues, that opportunity is lost unless another application in the family remains pending.

Scope-Change Triggers:

• More than 10 references require in-depth review across the initial search report and examiner citations (flat add-on applies).
• The initial search report is unusually large or covers multiple technology areas.
• The client’s technical developments since filing are extensive, span multiple products, or require review of technical documentation beyond a written summary.
• The client requests analysis of competitor products or specific third-party patents.
• The client requests a validity, FTO, or infringement opinion, or a formal valuation.
• Multiple related applications or patent families are to be covered in one report.
• The client requests the report within 5 business days (rush add-on applies).

Typical Turnaround:

• Report delivered within 10–15 business days after engagement and receipt of all required information, including the initial search report and summary of post-filing developments.
• We recommend ordering at least 30 days before the issue fee deadline so there is time to act on continuation, continuation-in-part, or disclosure recommendations before the patent issues.

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