What is the purpose of a patentability report?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

A patentability report serves to provide a comprehensive examination of an application that involves multiple inventions or complex subject matter. According to MPEP 705, “A patentability report is an internal USPTO memorandum, prepared by one examiner, expressing that examiner’s opinion as to the patentability of claims in a patent application assigned to another examiner.” This report helps ensure thorough examination by leveraging expertise from different technology areas within the USPTO.

Tags: patent examination, patentability report, Uspto Internal Memorandum