What are the consequences of reopening prosecution after appeal in a patent application?

Reopening prosecution after appeal in a patent application can have several consequences: Withdrawal of the appeal: The appeal is automatically withdrawn when prosecution is reopened. New Office action: The examiner must issue a new Office action addressing all claims on appeal. Additional prosecution: The applicant may need to respond to new rejections or arguments, potentially…

Read More

How should examiners handle newly discovered references after allowance?

How should examiners handle newly discovered references after allowance? Examiners have specific procedures for handling newly discovered references after a patent application has been allowed. According to MPEP 707.05: ‘Where patents, publications, and other such items of information are submitted by a party (whether the applicant or an independent third party) after the mailing date…

Read More