What is the difference between a prima facie rejection and a final rejection in patent examination?

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.

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.