How should examiners explain rejections 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.

According to MPEP 706, examiners must provide clear explanations for rejections in patent applications. The MPEP states:

The goal of examination is to clearly articulate any rejection early in the prosecution process so that the applicant has the opportunity to provide evidence of patentability and otherwise reply completely at the earliest opportunity.

Examiners should:

• Provide a complete explanation for each rejection
• Cite relevant sections of statutes, regulations, or case law
• Explain how the cited references apply to the claimed invention
• Suggest possible amendments to overcome the rejection, if appropriate

Clear and thorough explanations help applicants understand the basis for rejections and respond effectively, promoting efficient patent prosecution.