What is a Patentability Report in patent examination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

A Patentability Report is a specialized practice in patent examination where multiple examiners with different expertise collaborate on examining an application with plural, indivisible inventions. According to MPEP 705.01(e):

Patentability Report practice is based on the proposition that when plural, indivisible inventions are claimed, in some instances either less time is required for examination, or the results are of better quality, when specialists on each character of the claimed invention treat the claims directed to their specialty.

However, this practice is not obligatory and should only be used when it saves total examiner time or improves the quality of examination due to specialized knowledge.

Tags: Examiner Specialization, patent examination, patentability report, Plural Inventions