Can an examiner reject a patent application after it has been allowed?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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, an examiner can reject a patent application after it has been allowed. The MPEP 1308.01 states:
“The examiner may withdraw the application from issue because of:
- An amendment under 37 CFR 1.312;
- A printer rush;
- A mistake on the part of the Office;
- A violation of 37 CFR 1.56 or illegality in the application;
- Unpatentability of one or more claims; or
- For interference.”
This demonstrates that even after allowance, various circumstances may lead to a rejection or withdrawal from issue.