Can a primary examiner refuse to prepare a Patentability Report?
Yes, a primary examiner can refuse to prepare a Patentability Report. According to MPEP 705.01(a):
‘If the primary examiner in a reporting TC is of the opinion that a Patentability Report is not in order, he or she should so advise the primary examiner in the forwarding TC.’
This means that if the examiner believes the report is unnecessary or inappropriate, they can communicate this to the requesting examiner. This provision allows for efficient use of USPTO resources and ensures that Patentability Reports are prepared only when truly needed.
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