How are Patentability Reports counted and recorded by the USPTO?

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.

The USPTO has specific procedures for counting and recording Patentability Reports (P.R.s). According to MPEP 705.01(c):

“The forwarding of the application for a Patentability Report is not to be treated as a transfer by the forwarding Technology Center (TC). When the P.R. is completed and the application is ready for return to the forwarding TC, it is not counted either as a receipt or action by transfer. Credit, however, is given for the time spent.”

Key points about counting and recording P.R.s:

• Forwarding for a P.R. is not considered a transfer
• Completing and returning a P.R. is not counted as a receipt or action by transfer
• Examiners receive credit for time spent on P.R.s
• The date status of the application is determined based on dates in the TC of original jurisdiction
• Timely reminders should be furnished to the TC making the P.R. to ensure orderly progress