What happens if examiners disagree on a Patentability Report?

When examiners disagree on a Patentability Report, MPEP 705.01(a) outlines the following process:

1. The primary examiners may consult with each other to resolve the disagreement.
2. If agreement cannot be reached, the primary examiner with jurisdiction over the application can choose not to rely on the Patentability Report.
3. In such cases, the examiner may ‘make his or her own action on the referred claims, in which case the Patentability Report should be removed from the file.’

This procedure ensures that the examination process can proceed even when there are differing opinions on patentability.

To learn more:

• Patentability Report
• Examiner Disagreement
• Patent Examination
• MPEP