Are there exceptions to comprehensive patent examination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

This page is an FAQ based on guidance 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.

Yes, there are exceptions to comprehensive patent examination. MPEP 707.07(g) outlines specific situations where limiting examination to a particular issue may be appropriate:

  • When an application is too informal for a complete action on the merits (See MPEP § 702.01)
  • When there is an undue multiplicity of claims and no successful telephone request for election of a limited number of claims (See MPEP § 2173.05(n))
  • When there is a misjoinder of inventions and no successful telephone request for election (See MPEP §§ 803, 810, and 812.01)
  • When the disclosure is directed to perpetual motion

In these cases, examiners may focus on specific issues rather than providing a comprehensive examination.

Tags: exceptions, MPEP, patent examination, patent law