Can an examiner reject a claim that was allowed in a parent application?

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, an examiner can reject a claim that was allowed in a parent application. The MPEP 706.04 states:

“Where the examiner determines that a claim that was previously allowed is unpatentable, the claim may be rejected in the next Office action, whether that action is a first or subsequent action on a continuation or divisional application.”

This means that even if a claim was allowed in a parent application, it can still be rejected in a continuation or divisional application if the examiner finds it to be unpatentable. This could happen due to various reasons, such as:

• Discovery of new prior art
• Reconsideration of previously cited art
• Changes in patent law or examination guidelines
• Errors in the previous examination

It’s important for applicants to understand that allowance in a parent application does not guarantee allowance in subsequent related applications.