What are the criteria for making a rejection final in patent examination?

What are the criteria for making a rejection final in patent examination?

An examiner can make a rejection final under specific circumstances. According to MPEP 706.07(a):

‘Under present practice, second or any subsequent actions on the merits shall be final, except where the examiner introduces a new ground of rejection that is neither necessitated by applicant’s amendment of the claims nor based on information submitted in an information disclosure statement.’

The criteria for making a rejection final include:

• It’s a second or subsequent action on the merits.
• No new grounds of rejection are introduced, unless necessitated by the applicant’s amendments.
• The rejection is not based on newly submitted information in an IDS.
• The applicant’s arguments have been fully addressed and are not persuasive.

If these criteria are met, the examiner can make the rejection final, closing prosecution on the merits.

To learn more:

• final rejection
• patent examination
• rejection criteria
• MPEP 706.07(a)

To learn more:

• MPEP 706.07(a)