How are actions on amendments after final rejection handled in patent examination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Actions on amendments submitted after final rejection are among the exceptions to partial signatory authority in patent examination. According to MPEP 1005, these actions require the signature of a primary examiner, Technology Center Director, or practice specialist.

The specific guidance for handling such amendments is provided in MPEP § 714.12, which states: “Once a final rejection that is not premature has been entered in an application, applicant or patent owner no longer has any right to unrestricted further prosecution.”

This requirement for a higher-level signature ensures that the complex considerations involved in evaluating post-final amendments are reviewed by more experienced examiners. It helps maintain the integrity of the examination process and ensures that applicants’ rights are properly considered at this critical stage of prosecution.