How does the USPTO count and record Patentability Reports?
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.
The USPTO has specific procedures for counting and recording Patentability Reports (P.R.s). According to MPEP 705.01(c):
When the P.R. is completed and the application is ready for return to the forwarding TC, it is not counted either as a receipt or action by transfer.
Credit, however, is given for the time spent.
This means that while the P.R. process doesn’t affect the official count of actions or receipts, the USPTO does acknowledge the time examiners spend on preparing these reports.