What role does a supervisory patent examiner (SPE) play in post-allowance rejections?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. A supervisory patent examiner (SPE) plays a crucial role in the process of issuing rejections after a notice of allowance. According to MPEP 1308.01 : “The supervisory patent examiner (SPE) must approve any rejection of a previously allowed claim.” The SPE’s responsibilities in post-allowance rejections include: Reviewing the examiner’s proposed new rejection Ensuring the rejection is warranted and properly supported Approving the withdrawal of the previous notice of allowance Authorizing the issuance of a new Office action This oversight helps maintain the quality and consistency of patent examination, especially in cases where previously allowed claims are being reconsidered. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Approval Required for Post-Allowance Rejections MPEP 1308.01 Recommended Examiner Prepares Office Action After Withdrawal MPEP 1308.01 Office Withdrawal of Application Requires New Notice of Allowance if Reallowed MPEP 1308 Petition for Withdrawal of Utility or Plant Application MPEP 1308 Permitted Notice of Withdrawal From Issue Required When Fee Paid MPEP 1308 Required Notice of Withdrawal From Issue When Fee Paid MPEP 1308 Required Notice of Withdrawal Required Before Issue Date MPEP 1308 Required Notice of Withdrawal Required for Paid Issue Fees MPEP 1308 Required New Rejection Memorandum for Withdrawal from Issue MPEP 1308.01 Memorandum Requesting Withdrawal Must Not Be Filed If Not Approved MPEP 1308.01 Recommended Other Related FAQs 5 FAQs Collapse Can a previously paid issue fee be applied to a new Notice of Allowance? What actions does an examiner take after an application is withdrawn from issue? What happens if an examiner discove...