Can a ‘rejected’ patent application still be approved?

Yes, a ‘rejected’ patent application can still be approved. The term ‘rejected’ in this context does not mean final rejection or denial of the patent. According to MPEP 203.02:

A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a ‘rejected’ application.

This status is part of the normal examination process. The applicant has the opportunity to respond to the examiner’s action, potentially leading to approval. The application remains ‘rejected’ until:

• The applicant successfully addresses the examiner’s concerns
• The examiner issues a notice of allowance
• The application becomes abandoned

With appropriate responses and amendments, a ‘rejected’ application can progress to approval and eventual patent grant.

To learn more:

• rejected application
• patent approval
• patent examination process
• patent prosecution