How can an applicant respond to a final rejection in a patent application?

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.

When faced with a final rejection, an applicant has several options to respond:

• File an appeal: Challenge the examiner’s decision before the Patent Trial and Appeal Board.
• File a request for continued examination (RCE): Pay a fee to continue prosecution with the examiner.
• File a continuation or divisional application: Submit a new application based on the same disclosure.
• Amend the claims: Make amendments that do not necessitate further search or consideration.
• Submit evidence: Provide affidavits or declarations to support patentability.

The MPEP 706.07 states:

‘The applicant’s reply must either cancel the claims rejected or submit evidence and/or amendments which, in the examiner’s judgment, overcome the rejection.’

It’s important to note that after final rejection, the examiner is not required to enter amendments that require additional search or consideration.