What is the role of a primary examiner in reviewing a new assistant’s work?

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 reviewing the work of a new assistant examiner. According to MPEP 707.01, “it is the duty of the primary examiner to review the application thoroughly.” This involves:

  • Listening to the assistant examiner’s explanation of the invention
  • Discussing the most pertinent references found during the search
  • Providing guidance on the action to be taken
  • Authorizing allowance if all statutory requirements are met

This thorough review ensures consistency and quality in patent examination, especially for newer examiners.

Tags: Assistant Examiner, patent examination, primary examiner, USPTO procedure