37 CFR § 1.112 — Reconsideration before final action. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.112 Reconsideration before final action.
This page consolidates MPEP guidance interpreting 37 CFR § 1.112, including 11 rules 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.
Summary
The Reconsideration before final action section requires the patent owner to respond to an Office action in order to be entitled to reconsideration, with additional restrictions on amendments after a second final rejection.
What this section covers
- This section covers the process of requesting reconsideration by responding to an Office action.
Key obligations
- The primary requirement is for the patent owner to respond to an Office action.
- Any amendment after a second final rejection must be restricted to the issues raised in that action.
Practice notes
- Ensure the response clearly addresses all issues raised by the Office action to avoid introducing new matter.
- Avoid introducing new matter that could be considered amendment after final rejection.
Official MPEP § 1.112 — Reconsideration before final action.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.112 Reconsideration before final action.
After reply by applicant or patent owner (§ 1.111 or § 1.945 ) to a non-final action and any comments by an inter partes reexamination requester (§ 1.947 ), the application or the patent under reexamination will be reconsidered and again examined. The applicant, or in the case of a reexamination proceeding the patent owner and any third party requester, will be notified if claims are rejected, objections or requirements made, or decisions favorable to patentability are made, in the same manner as after the first examination (§ 1.104 ). Applicant or patent owner may reply to such Office action in the same manner provided in § 1.111 or § 1.945 , with or without amendment, unless such Office action indicates that it is made final (§ 1.113 ) or an appeal (§ 41.31 of this title) has been taken (§ 1.116 ), or in an inter partes reexamination, that it is an action closing prosecution (§ 1.949 ) or a right of appeal notice (§ 1.953 ).
[46 FR 29182, May 29, 1981; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; revised, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]
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- Examiner Action
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- Rce Practice
- Section 112
- Section 112A
- New Matter
| MPEP Section | Rules |
|---|---|
| MPEP § 2269 | |
| MPEP § 706 | |
| MPEP § 714.02 |