How should examiners handle rejections based on prior art?
How should examiners handle rejections based on prior art? Examiners must carefully consider prior art when making rejections. According to MPEP 706: ‘The goal of examination is to clearly articulate any rejection early in the prosecution process so that the applicant has the opportunity to provide evidence of patentability and otherwise reply completely at the…
Read MoreWhat is the purpose of making rejections in patent examination?
What is the purpose of making rejections in patent examination? The purpose of making rejections in patent examination is to ensure that only valid and novel inventions receive patent protection. According to MPEP 706: ‘After a thorough study of the application, the examiner reaches a conclusion as to whether the claims are patentable. If the…
Read MoreWhat is the difference between a prima facie rejection and a final rejection in patent examination?
What is the difference between a prima facie rejection and a final rejection in patent examination? In patent examination, there are two main types of rejections: Prima facie rejection: This is an initial rejection based on the examiner’s first review of the application. The MPEP states, To make a prima facie case of unpatentability, the…
Read More