What is the timeframe for an examiner to take action after a Board decision in a patent application?

The Manual of Patent Examining Procedure (MPEP) does not specify an exact timeframe for an examiner to take action after a Board decision. However, MPEP 1214 emphasizes the importance of prompt action:

“Where the Board has reversed all rejections of a claim or application, the examiner should either promptly allow the claim(s) or issue an action explaining why any claim(s) cannot be allowed.”

While “promptly” is not defined with a specific number of days, it generally implies that the examiner should act without undue delay. The timeframe may depend on factors such as:

  • The complexity of the Board’s decision
  • The number of claims involved
  • Whether any further action is required before allowance
  • The examiner’s current workload

In practice, examiners typically aim to take action within a few weeks to a month after receiving the Board’s decision, unless there are circumstances that require more time for consideration or consultation with supervisors.

To learn more:

Tags: board decision, examiner action, timeframe