How is a Patentability Report prepared and what does it include?

A Patentability Report is prepared by the primary examiner in the requested Technology Center (TC) after approving the request. According to MPEP 705.01(a):

“This Patentability Report is in memorandum form and will include the citation of all pertinent references and a complete action on all claims involved. The field of search covered must be recorded in the appropriate section of the ‘Search Notes’ form.”

The report includes:

  • Citations of pertinent references
  • A complete action on all claims involved
  • Record of the field of search

Once completed, the Patentability Report is signed by the primary examiner in the reporting TC and returned to the TC to which the application is regularly assigned.

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Tags: patent examination, patentability report, prior art search, USPTO procedure