What is a premature final rejection in patent examination?

A premature final rejection occurs when an examiner makes a rejection final before the applicant has been given a fair opportunity to react to the rejection. According to MPEP 706.07(c):

Any question as to prematureness of a final rejection should be raised, if at all, while the application is still pending before the primary examiner. This is purely a question of practice, wholly distinct from the tenability of the rejection.

This means that if an applicant believes a final rejection has been made prematurely, they should raise this issue while the application is still being examined by the primary examiner.

To learn more:

• final rejection
• premature final rejection
• patent examination
• MPEP 706.07(c)

To learn more:

• MPEP 706.07(c)