What role does a supervisory patent examiner (SPE) play in post-allowance rejections?
A supervisory patent examiner (SPE) plays a crucial role in the process of issuing rejections after a notice of allowance. According to MPEP 1308.01:
“The supervisory patent examiner (SPE) must approve any rejection of a previously allowed claim.”
The SPE’s responsibilities in post-allowance rejections include:
- Reviewing the examiner’s proposed new rejection
- Ensuring the rejection is warranted and properly supported
- Approving the withdrawal of the previous notice of allowance
- Authorizing the issuance of a new Office action
This oversight helps maintain the quality and consistency of patent examination, especially in cases where previously allowed claims are being reconsidered.
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