What is the process for reopening prosecution after a notice of allowance?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. The process for reopening prosecution after a notice of allowance involves several steps and considerations. According to MPEP 1308.01 : “If a new rejection is made, prosecution must be reopened. A new Office action must be prepared that withdraws the previous indication of allowability and sets forth the new rejection.” The process typically includes: The examiner determining that a new rejection is necessary Withdrawing the previous notice of allowance Preparing a new Office action with the new rejection Obtaining approval from a supervisory patent examiner (SPE) Issuing the new Office action to the applicant The applicant then has the opportunity to respond to the new rejection, effectively reopening the prosecution of the application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Prepares Office Action After Withdrawal MPEP 1308.01 Notice of Withdrawal From Issue When Fee Paid MPEP 1308 Required Notice of Withdrawal From Issue Required When Fee Paid MPEP 1308 Required Notice of Withdrawal Required Before Issue Date MPEP 1308 Required Notice of Withdrawal Required for Paid Issue Fees MPEP 1308 Required New Rejection Memorandum for Withdrawal from Issue MPEP 1308.01 Office Withdrawal of Application Requires New Notice of Allowance if Reallowed MPEP 1308 Petition for Withdrawing Application from Issue MPEP 1308 Required Issue Fee Must Be Timely Submitted After Petition MPEP 1308 Required Petition Required to Withdraw Application from Issue MPEP 1308 Required Other Related FAQs 5 FAQs Collapse Can a previously paid issue fee be applied to a new Notice of Allowance? What actions does an examiner take after an application is withdrawn from issue? What h...