What is the role of a primary examiner in patentability reports?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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 primary examiner plays a crucial role in coordinating and overseeing the preparation of patentability reports. According to MPEP 705, “The primary examiner having jurisdiction of the application initiates a request for a patentability report using form PTO-1323.” The primary examiner is responsible for:

  • Identifying the need for a patentability report
  • Initiating the request for the report
  • Coordinating with other Technology Centers
  • Reviewing and incorporating the findings into the overall examination

This oversight ensures a comprehensive and coordinated examination of complex applications.

Tags: patent examination process, patentability report, primary examiner, Pto 1323