How should examiners handle allowable subject matter 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.

Examiners should proactively handle allowable subject matter in patent applications according to MPEP 707.07(j):

• For pro se applications, draft one or more claims for the applicant if patentable subject matter is disclosed but not properly claimed.
• When claims are allowable except for formal matters, offer constructive suggestions for correction.
• If some claims are clearly allowable, do not delay their allowance.

The MPEP provides specific form paragraphs for indicating allowable subject matter, such as:

Claim [1] objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.

This approach helps expedite prosecution and provides clear guidance to applicants on potentially allowable subject matter.