How should patent examiners handle personal opinions in Office actions?
Patent examiners are expected to maintain a professional and objective tone in their Office actions, avoiding personal opinions or subjective judgments. MPEP 707.07(d) provides clear guidance on this matter:
“Everything of a personal nature must be avoided. Whatever may be the examiner’s view as to the utter lack of patentable merit in the disclosure of the application examined, he or she should not express in the record the opinion that the application is, or appears to be, devoid of patentable subject matter.”
This directive ensures that patent examination remains focused on objective criteria and legal standards, rather than personal views. Examiners should base their rejections on substantive grounds and avoid language that could be perceived as biased or unprofessional.
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