What is the usual procedure for an assistant examiner to present their findings to a primary examiner?
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 usual procedure for an assistant examiner to present their findings to a primary examiner is outlined in MPEP 707.01. The process typically involves:
“The usual procedure is for the assistant examiner to explain the invention and discuss the references which he or she regards as most pertinent.”
This procedure includes:
- Providing a clear explanation of the claimed invention
- Presenting the most relevant prior art references found during the search
- Discussing how these references relate to the claimed invention
- Highlighting any potential issues or grounds for rejection
This process allows the primary examiner to assess the assistant’s understanding of the invention and the relevance of the cited references, ensuring a thorough and accurate examination.