What are the requirements for reasons for allowance 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.

Reasons for allowance are an important part of the patent application process. Here are the key requirements:

• The examiner must provide reasons for allowance when claims are allowed.
• These reasons should clearly state why the claims are allowable over the prior art.
• The statement should be concise and focused on the essential elements.
• It should avoid extensive reiteration of the claim language.
• The reasons are included in the Notice of Allowability or in a separate communication.

MPEP 1302.14 states: “In determining whether reasons for allowance should be recorded, the primary consideration lies in the first sentence of 35 U.S.C. 112(b): The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.” This emphasizes the importance of clearly communicating why the claimed invention is considered patentable.