MPEP § 705.01(b) — Sequence of Examination (Annotated Rules)
§705.01(b) Sequence of Examination
This page consolidates and annotates all enforceable requirements under MPEP § 705.01(b), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Sequence of Examination
This section addresses Sequence of Examination. Contains: 1 prohibition, 1 guidance statement, and 1 other statement.
Key Rules
Sequence Listing Format
In the event that the supervisory patent examiners concerned in a P.R. case cannot agree as to the order of examination by their Technology Centers (TCs), the supervisory patent examiner having jurisdiction of the application will direct that a complete search be made of the art relevant to his or her claims prior to referring the application to another TC for report. The TC to which the application is referred will be advised of the results of this search.
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.
PTAB Jurisdiction
In the event that the supervisory patent examiners concerned in a P.R. case cannot agree as to the order of examination by their Technology Centers (TCs), the supervisory patent examiner having jurisdiction of the application will direct that a complete search be made of the art relevant to his or her claims prior to referring the application to another TC for report. The TC to which the application is referred will be advised of the results of this search.
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 705.01(b) — Sequence of Examination
Source: USPTO705.01(b) Sequence of Examination [R-08.2012]
In the event that the supervisory patent examiners concerned in a P.R. case cannot agree as to the order of examination by their Technology Centers (TCs), the supervisory patent examiner having jurisdiction of the application will direct that a complete search be made of the art relevant to his or her claims prior to referring the application to another TC for report. The TC to which the application is referred will be advised of the results of this search.
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.