How do supervisory patent examiners resolve disagreements on examination order?

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:

  1. The supervisory patent examiner with jurisdiction over the application takes the lead.
  2. They direct a complete search of the art relevant to their claims.
  3. This search is conducted before referring the application to another TC.
  4. 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.

To learn more: