Is it true that a continuation-in-part application must be filed before a notice of allowance is mailed?

The assertion about the continuation-in-part (CIP) application must be understood in the context of patent prosecution rules. A continuation-in-part application allows an applicant to add new subject matter to an earlier filed application while still maintaining the benefit of the earlier filing date for the original claims.

The correct stance is that a continuation-in-part application can be filed right up until the point just before the issue fee is paid. This means that if a notice of allowance has already been mailed, the applicant can still decide to file a CIP application as long as they have not yet paid the issue fee. Once the issue fee is paid, the application is considered ready for issuance, and subsequently filing a CIP application would not be permissible to modify that application.

The timing is significant because it involves specific procedural steps within patent law, ensuring the applicant can maintain their options for broadened claims or new material without missing deadlines imposed by the prosecution process. The other options do not accurately reflect the constraints surrounding the timing for filing a CIP as related to the notice of allowance and issue fee payment.