What are the implications of MPEP 706.05 for patent applicants?

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.

MPEP 706.05 has significant implications for patent applicants. The section states:

“See MPEP § 1308.01 for a rejection based on a reference after allowance.”

This means that:

• Applicants should be aware that allowance doesn’t guarantee final approval of their patent.
• New references or information can lead to rejection even after allowance.
• Applicants should remain vigilant and responsive throughout the entire patent process, including the post-allowance period.
• It’s crucial to disclose all known relevant prior art, even after allowance, to avoid potential rejections or future challenges to patent validity.

Understanding MPEP 706.05 helps applicants prepare for potential post-allowance challenges and maintain the integrity of their patent application.