What is Form PTO-1323 and its role in patentability reports?

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.

Form PTO-1323 is a crucial document in the patentability report process. As stated in MPEP 705, “The primary examiner having jurisdiction of the application initiates a request for a patentability report using form PTO-1323.” This form serves several important purposes:

  • Officially requests the preparation of a patentability report
  • Specifies which claims or aspects of the invention require examination by other Technology Centers
  • Provides guidance to other examiners on the scope of their contribution
  • Facilitates communication between different examining groups

Form PTO-1323 is essential for coordinating the collaborative effort involved in preparing comprehensive patentability reports for complex applications.

Tags: Form Pto 1323, patent examination process, Patentability Report Request, USPTO Forms