Can a non-primary examiner sign an Office action?

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, a non-primary examiner can sign an Office action under certain circumstances. The MPEP 707.09 specifies that The electronic signature of the Supervisory Patent Examiner, Primary or other authorized examiner is inserted to sign Office actions. This implies that while primary examiners and supervisory patent examiners commonly sign Office actions, other examiners may also be authorized to do so. The key is that the examiner must be ‘authorized,’ which typically involves meeting certain criteria or obtaining specific permissions within the USPTO.

Tags: office actions, Patent Examination Procedures, Patent examiners, Uspto Authorization