How should patent examiners handle claims in each Office action?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
Patent examiners should mention each pending claim by number and provide its treatment or status in every Office action. This practice is outlined in MPEP 707.07(i), which states:
In every Office action, each pending claim should be mentioned by number, and its treatment or status given.
This approach ensures easy traceability of a claim’s history throughout the prosecution process. Additionally, examiners should include a summary of all claims’ status using Form PTO-326 ‘Office Action Summary’.