What is MPEP 1308.01 and how does it relate to rejection after allowance?

MPEP 1308.01 is a crucial section that provides guidance on rejection after allowance of a patent application. MPEP 706.05 directly refers to this section:

“See MPEP § 1308.01 for a rejection based on a reference after allowance.”

MPEP 1308.01 details the circumstances and procedures for rejecting an application based on new references or information that comes to light after the application has been allowed. This section is important for patent examiners, applicants, and attorneys to understand the post-allowance examination process.

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Tags: MPEP 1308.01, MPEP 706.05, patent examination, post-allowance rejection