What happens to rejected claims after an appeal in patent prosecution?
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.
To learn more: