What happens if examiners disagree on a Patentability Report?

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.

When examiners disagree on a Patentability Report, there are established procedures to resolve the conflict. According to MPEP 705.01(a):

“If the primary examiner does not agree with the Patentability Report or any portion thereof, he or she may consult with the primary examiner responsible for the report. If agreement as to the resulting action cannot be reached, the primary examiner having jurisdiction of the application need not rely on the Patentability Report but may make his or her own action on the referred claims, in which case the Patentability Report should be removed from the file.”

This process ensures that:

• Examiners attempt to resolve disagreements through consultation
• The primary examiner with jurisdiction can make an independent decision if necessary
• The integrity of the examination process is maintained