What is the difference between a prima facie rejection and a final rejection in patent examination?
What is the difference between a prima facie rejection and a final rejection in patent examination?
In patent examination, there are two main types of rejections:
- Prima facie rejection: This is an initial rejection based on the examiner’s first review of the application. The MPEP states,
To make a prima facie case of unpatentability, the examiner must provide evidence or reasons why the claimed invention is unpatentable.
(MPEP 706) - Final rejection: This occurs after the applicant has had a chance to respond to the prima facie rejection. If the examiner still believes the claims are unpatentable, they may issue a final rejection.
The key difference is that a prima facie rejection allows the applicant to amend claims more freely, while a final rejection limits the applicant’s ability to make amendments without reopening prosecution.
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