What is the process for rejecting a claim after allowance?

Rejecting a claim after it has been noted as allowable requires special procedures and approval. According to MPEP 1308.01:

“A claim noted as allowable shall thereafter be rejected only with the approval of the primary examiner. Great care should be exercised in authorizing such rejection.”

The process typically involves:

• Discovery of new grounds for rejection
• Preparing a memorandum to the Technology Center (TC) Director
• Requesting withdrawal of the application from issue
• If approved, preparing a new Office action stating the withdrawal and new grounds for rejection

To learn more:

• Rejection after allowance
• Patent claims
• Primary examiner approval
• Technology Center Director
• Withdrawal from issue