Can a previously allowed patent claim be rejected?
Yes, a previously allowed patent claim can be rejected, but it’s an unusual occurrence that requires careful consideration. According to MPEP 706.04, “A claim noted as allowable may be rejected only after a primary examiner has considered all the facts.” This process involves several key points:
- The rejection must be signed by a primary examiner
- Great care should be exercised in making such a rejection
- The examiner should use Form Paragraph 7.50 to indicate that a previously allowed claim is now being rejected
It’s important to note that this action is not taken lightly and requires substantial justification, typically based on newly discovered prior art.
To learn more: