When is patentability report practice used in patent examination?
Patentability report practice is used in specific situations during patent examination, particularly when restriction cannot be properly required. According to MPEP § 807:
“[Patentability report practice is] designed merely to facilitate the handling of cases in which restriction cannot properly be required.”
This means that patentability reports are used as a tool to manage complex applications that don’t meet the criteria for restriction but still require special handling. It’s important for patent applicants and examiners to understand that this practice is separate from and does not affect restriction practice.
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