How does the USPTO handle actions by different examiners on the same application?
The USPTO has specific guidelines for handling actions by different examiners on the same patent application. According to MPEP 706.04:
“Full faith and credit should be given to the search and action of a previous examiner unless there is a clear error in the previous action or knowledge of other prior art.”
This means that:
- Subsequent examiners should generally respect and maintain the decisions of previous examiners
- A new examiner should not take an entirely new approach or attempt to reorient the point of view without justification
- Making a new search is discouraged unless there’s a specific reason to do so
This approach promotes consistency in the examination process and respects the work of previous examiners, while still allowing for corrections when clear errors or new information come to light.
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