How is the sequence of examination determined in Patentability Report cases?
The sequence of examination in Patentability Report (P.R.) cases is determined through collaboration between supervisory patent examiners. According to MPEP 705.01(b):
“In the event that the supervisory patent examiners concerned in a P.R. case cannot agree as to the order of examination by their Technology Centers (TCs), the supervisory patent examiner having jurisdiction of the application will direct that a complete search be made of the art relevant to his or her claims prior to referring the application to another TC for report.”
The process involves:
- Agreement between supervisory patent examiners on the order of examination
- If no agreement is reached, a complete search is conducted by the TC with jurisdiction before referral
- The TC receiving the referral is advised of the search results
- Flexibility to modify the search sequence if supervisory patent examiners deem it expedient
To learn more: