What happens to rejected claims after an appeal in patent prosecution?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. After an appeal in patent prosecution, rejected claims may be canceled depending on the outcome. The Manual of Patent Examining Procedure (MPEP) provides guidance on this process in several sections: MPEP § 1214.06 – Examiner Sustained in Whole or in Part MPEP § 1215.03 – Proceedings After Withdrawal of Appeal MPEP § 1215.04 – Dismissal of Appeal MPEP § 1216.01 – Appeals to the Federal Circuit These sections detail the procedures for canceling rejected claims based on various appeal outcomes and scenarios. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse RCE Requirement for Withdrawal of Appeal MPEP 1215.01 Permitted Time Period for Filing an Appeal or Commencing a Civil Action Begins from Notification Date MPEP 1214 Application Abandoned if No Allowed Claims After Appeal Withdrawal MPEP 1215.01 Recommended Rejected Claims Abandon Application MPEP 1215.01 Claims Dependent on Rejected Claims Are Treated as Rejected MPEP 1215.01 Claims Dependent on Rejected Claims Are Treated as Rejected MPEP 1215.01 Appeal to Federal Circuit Only for Dissatisfied Patent Owners MPEP 1216 Permitted Requirements for Filing an Appeal to the Federal Circuit MPEP 1216 Required Notice of Appeal Must Be Filed With Director MPEP 1216 Required Notice of Appeal Required for Ex Parte Reexamination Appeals MPEP 1216 Required Other Related FAQs 5 FAQs Collapse Where can I find information about canceling rejected claims after a patent appeal? What MPEP sections should I refer to for guidance on post-appeal claim cancellation? Can an appellant choose not to argue certain claim rejections? When are proceedings considered terminated in a patent application? What are the consequences of failing to ...