Can a patent application be rejected after it has been allowed?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 patent application can be rejected after it has been allowed. According to MPEP 706.05 , rejection after allowance is possible. The section states: “See MPEP § 1308.01 for a rejection based on a reference after allowance.” This means that even after an application has been allowed, new information or references may come to light that could lead to a rejection. It’s important for applicants and patent attorneys to be aware that allowance doesn’t guarantee final approval. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Rejection Based on Post-Allowance Reference MPEP 706.05 Prior Art Search for Claims MPEP 706 Review Claims with Prior Art MPEP 706 Recommended Examiner Must Clearly Articulate Rejections Early MPEP 706 Information Required Before First Office Action on Merits MPEP 706 Required Examiner Must Allow Properly Defined Invention Claims MPEP 706 Recommended Uniform Patentability Standards Must Be Met MPEP 706 Required Detailed Claims Do Not Guarantee Allowance MPEP 706 Patentability Issues Must Be Resolved Before Allowance MPEP 706 Recommended Claim Rejection Standard Must Be Preponderance of Evidence MPEP 706 Other Related FAQs 5 FAQs Collapse What are the implications of MPEP 706.05 for patent applicants? What is MPEP 1308.01 and how does it relate to rejection after allowance? How does the USPTO handle IDSs in Requests for Continued Examination (RCE)? How are continuation or divisional applications filed under former 37 CFR 1.62 treated now? Is a Request for Continued Examination (RCE) considered a new application?