What happens if a rejection is made after the issue fee has been paid?
If a rejection is made after the issue fee has been paid, the following steps are taken: The Office of Patent Application Processing (OPAP) withdraws the application from issue. The examiner’s rejection is mailed. The applicant is given a new period for reply. The issue fee previously paid is applied to any future issue fee…
Read MoreWhat is the process for rejecting a claim after allowance?
Rejecting a claim after it has been noted as allowable requires special procedures and approval. According to MPEP 1308.01: “A claim noted as allowable shall thereafter be rejected only with the approval of the primary examiner. Great care should be exercised in authorizing such rejection.” The process typically involves: Discovery of new grounds for rejection…
Read MoreCan an examiner reject a patent application after it has been allowed?
Yes, an examiner can reject a patent application after it has been allowed. The MPEP 1308.01 states: “The examiner may withdraw the application from issue because of: An amendment under 37 CFR 1.312; A printer rush; A mistake on the part of the Office; A violation of 37 CFR 1.56 or illegality in the application;…
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