Can the sequence of patent examination be modified after initial determination?
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.
Yes, the sequence of patent examination can be modified after the initial determination. According to MPEP 705.01(b), supervisory patent examiners have the flexibility to adjust the examination order if they believe it would be more efficient. The MPEP explicitly states:
If the supervisory patent examiners are of the opinion that a different sequence of search is expedient, the order of search should be correspondingly modified.
This provision allows for adaptability in the examination process, ensuring that the most efficient and thorough examination is conducted, particularly for complex applications that span multiple Technology Centers.