MPEP § 707.01 — Primary Examiner Indicates Action for New Assistant (Annotated Rules)

§707.01 Primary Examiner Indicates Action for New Assistant

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 707.01, 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.

Primary Examiner Indicates Action for New Assistant

This section addresses Primary Examiner Indicates Action for New Assistant. Contains: 1 requirement, 2 permissions, and 3 other statements.

Key Rules

Topic

Prior Art

6 rules
MPEP GuidanceInformativeAlways
[mpep-707-01-044de28c3f5ffb3a783a3bd9]
Action Based on Found References
Note:
Primary examiner must take action based on the references found after a thorough search by the assistant examiner.

After the search has been completed, action is taken in the light of the references found. Where the assistant examiner has been in the Office but a short time, it is the duty of the primary examiner to review the application thoroughly. The usual procedure is for the assistant examiner to explain the invention and discuss the references which he or she regards as most pertinent. The primary examiner may indicate the action to be taken, whether restriction or election of species is to be required, or whether the claims are to be considered on their merits. If action on the merits is to be given and claims rejected, the primary examiner may indicate how the references are to be applied in any prior art rejection and explain the basis for any non-prior art grounds of rejection. The primary examiner may authorize allowance if all statutory requirements are met and no further field of search is known.

MPEP GuidanceInformativeAlways
[mpep-707-01-cd466e3ca46aa5702979f7c5]
Primary Examiner Reviews Application for New Assistant
Note:
When a new assistant examiner is in the Office, it is the primary examiner's duty to thoroughly review the application.

After the search has been completed, action is taken in the light of the references found. Where the assistant examiner has been in the Office but a short time, it is the duty of the primary examiner to review the application thoroughly. The usual procedure is for the assistant examiner to explain the invention and discuss the references which he or she regards as most pertinent. The primary examiner may indicate the action to be taken, whether restriction or election of species is to be required, or whether the claims are to be considered on their merits. If action on the merits is to be given and claims rejected, the primary examiner may indicate how the references are to be applied in any prior art rejection and explain the basis for any non-prior art grounds of rejection. The primary examiner may authorize allowance if all statutory requirements are met and no further field of search is known.

MPEP GuidanceInformativeAlways
[mpep-707-01-f76758ed55b27d2572bf67eb]
Invention and Pertinent References Must Be Discussed
Note:
The assistant examiner is required to explain the invention and discuss the most relevant references found during the search process.

After the search has been completed, action is taken in the light of the references found. Where the assistant examiner has been in the Office but a short time, it is the duty of the primary examiner to review the application thoroughly. The usual procedure is for the assistant examiner to explain the invention and discuss the references which he or she regards as most pertinent. The primary examiner may indicate the action to be taken, whether restriction or election of species is to be required, or whether the claims are to be considered on their merits. If action on the merits is to be given and claims rejected, the primary examiner may indicate how the references are to be applied in any prior art rejection and explain the basis for any non-prior art grounds of rejection. The primary examiner may authorize allowance if all statutory requirements are met and no further field of search is known.

MPEP GuidanceRequiredAlways
[mpep-707-01-45e58f47a1d43dd681bdbb05]
Primary Examiner Indicates Action for New Assistant
Note:
The primary examiner must indicate whether to require restriction, election of species, or consider claims on their merits after the search is completed.

After the search has been completed, action is taken in the light of the references found. Where the assistant examiner has been in the Office but a short time, it is the duty of the primary examiner to review the application thoroughly. The usual procedure is for the assistant examiner to explain the invention and discuss the references which he or she regards as most pertinent. The primary examiner may indicate the action to be taken, whether restriction or election of species is to be required, or whether the claims are to be considered on their merits. If action on the merits is to be given and claims rejected, the primary examiner may indicate how the references are to be applied in any prior art rejection and explain the basis for any non-prior art grounds of rejection. The primary examiner may authorize allowance if all statutory requirements are met and no further field of search is known.

MPEP GuidancePermittedAlways
[mpep-707-01-718453c79b60dc4e7516ba09]
Primary Examiner Specifies How References Apply
Note:
The primary examiner must explain how prior art references should be applied in rejections and justify any non-prior art grounds for claim rejection.

After the search has been completed, action is taken in the light of the references found. Where the assistant examiner has been in the Office but a short time, it is the duty of the primary examiner to review the application thoroughly. The usual procedure is for the assistant examiner to explain the invention and discuss the references which he or she regards as most pertinent. The primary examiner may indicate the action to be taken, whether restriction or election of species is to be required, or whether the claims are to be considered on their merits. If action on the merits is to be given and claims rejected, the primary examiner may indicate how the references are to be applied in any prior art rejection and explain the basis for any non-prior art grounds of rejection. The primary examiner may authorize allowance if all statutory requirements are met and no further field of search is known.

MPEP GuidancePermittedAlways
[mpep-707-01-8f9493ffd44aa9591621180e]
Primary Examiner Can Authorize Allowance If Statutory Requirements Met and No Further Search Needed
Note:
The primary examiner may authorize allowance if all statutory requirements are satisfied and no additional search is required.

After the search has been completed, action is taken in the light of the references found. Where the assistant examiner has been in the Office but a short time, it is the duty of the primary examiner to review the application thoroughly. The usual procedure is for the assistant examiner to explain the invention and discuss the references which he or she regards as most pertinent. The primary examiner may indicate the action to be taken, whether restriction or election of species is to be required, or whether the claims are to be considered on their merits. If action on the merits is to be given and claims rejected, the primary examiner may indicate how the references are to be applied in any prior art rejection and explain the basis for any non-prior art grounds of rejection. The primary examiner may authorize allowance if all statutory requirements are met and no further field of search is known.

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.

BlueIron Last Updated: 2025-12-31