How can an applicant challenge a premature final rejection?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. If an applicant believes a final rejection is premature, they can challenge it through a petition process. According to MPEP 706.07(c) , the issue of prematureness “is reviewable by petition under 37 CFR 1.181.” This means that applicants can file a petition to the USPTO requesting a review of the premature final rejection. The MPEP directs readers to MPEP § 1002.02(c) for more information on the petition process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Premature Final Rejection Not Appealable MPEP 706.07(c) Recommended Petition to Vacate Final Rejection Does Not Extend Reply Period MPEP 1002 Petition to Invoke Director's Supervisory Authority MPEP 1002 Petition to Director for PTAB Action MPEP 1002 Fee Required for Petition to Director MPEP 1002 Required Director May Waive Regulations on Petition MPEP 1002 Permitted Petition Must Include Fee MPEP 1002 Required Fee Required for Suspend Petition MPEP 1002 Fee Required for Withdrawing Application from Issue MPEP 1002 Petitions to the Director for Ex Parte Reexamination Appeals and Other Matters MPEP 1002 Permitted Other Related FAQs 5 FAQs Collapse Can a premature final rejection be used as grounds for appeal? What is a premature final rejection in patent examination? How is a premature final rejection different from the tenability of a rejection? What is the difference between the prematurity and tenability of a final rejection? When should an issue of premature final rejection be raised?