How is a Patentability Report approved in 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.
A Patentability Report must be approved by the Director of the Technology Center to which the application is assigned. The MPEP 705.01(e) states:
Where it can be shown that a Patentability Report will save total examiner time, one is permitted with the approval of the Director of the Technology Center to which the application is assigned. The “Approved” stamp should be impressed on the memorandum requesting the Patentability Report.
This approval process ensures that Patentability Reports are used only when they are likely to save total examiner time or improve the quality of examination due to specialized knowledge.