How can an applicant challenge a premature final rejection?

If an applicant believes a final rejection is premature, they can challenge it through a petition process. According to MPEP 706.07(c), the issue of prematureness “is reviewable by petition under 37 CFR 1.181.” This means that applicants can file a petition to the USPTO requesting a review of the premature final rejection. The MPEP directs readers to MPEP § 1002.02(c) for more information on the petition process.

To learn more:

• final rejection
• patent examination
• premature rejection
• petition process