What is the process for reopening prosecution after a notice of allowance?
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.
To learn more: