Can a ‘rejected’ patent application still be approved?
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 ‘rejected’ patent application can still be approved. The term ‘rejected’ in this context does not mean final rejection or denial of the patent. According to MPEP 203.02:
A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a ‘rejected’ application.
This status is part of the normal examination process. The applicant has the opportunity to respond to the examiner’s action, potentially leading to approval. The application remains ‘rejected’ until:
- The applicant successfully addresses the examiner’s concerns
- The examiner issues a notice of allowance
- The application becomes abandoned
With appropriate responses and amendments, a ‘rejected’ application can progress to approval and eventual patent grant.