What is Form PTO-1323 and its role in patentability reports?

Form PTO-1323 is a crucial document in the patentability report process. As stated in MPEP 705, “The primary examiner having jurisdiction of the application initiates a request for a patentability report using form PTO-1323.” This form serves several important purposes: Officially requests the preparation of a patentability report Specifies which claims or aspects of the…

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Can applicants request a patentability report for their patent application?

No, applicants cannot directly request a patentability report for their patent application. The decision to request a patentability report is made internally by the USPTO examiners. As stated in MPEP 705, “A patentability report is an internal USPTO memorandum, prepared by one examiner, expressing that examiner’s opinion as to the patentability of claims in a…

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