How does the appeal process differ for rejections and objections in patent applications?

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 appeal process for rejections and objections in patent applications follows different paths:

• Rejections: According to the MPEP, a rejection, involving the merits of the claim, is subject to review by the Patent Trial and Appeal Board. This means that if an applicant disagrees with a rejection, they can appeal to the Patent Trial and Appeal Board (PTAB) for review.
• Objections: The MPEP states that an objection, if persisted, may be reviewed only by way of petition to the Director of the USPTO. This indicates that objections cannot be appealed to the PTAB but must instead be addressed through a petition process to the Director of the USPTO.

Understanding these distinctions is crucial for patent applicants and attorneys to pursue the appropriate course of action when challenging examiner decisions.