How do supervisory patent examiners resolve disagreements on examination order?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 6 Rules 5 Related FAQs 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. When supervisory patent examiners from different Technology Centers (TCs) disagree on the order of examination for a patent application, MPEP 705.01(b) outlines the following resolution process: The supervisory patent examiner with jurisdiction over the application takes the lead. They direct a complete search of the art relevant to their claims. This search is conducted before referring the application to another TC. The results of the search are shared with the other TC involved. The MPEP states: “The TC to which the application is referred will be advised of the results of this search.” This approach ensures that all relevant art is considered before determining the final examination sequence. Related Rules from the Manual of Patent Examining Procedure 6 rules Collapse Supervisory Examiner Directs Complete Search Before Referral MPEP 705.01(b) Prohibited TC Must Be Informed of Search Results MPEP 705.01(b) Supervisory Examiners Can Modify Search Order MPEP 705.01(b) Recommended Requirement for Patentability Report MPEP 705 Application May Be Referred for Patentability Report MPEP 705 Permitted Patentability Report Only for Extraordinary Circumstances MPEP 705 Other Related FAQs 5 FAQs Collapse What is the sequence of examination in patent applications involving multiple Technology Centers? What is a P.R. case in patent examination? How is the sequence of examination determined in Patentability Report cases? Can the sequence of patent examination be modified after initial determination? How is a Patentability Report approved in the USPTO?