What should an examiner do when they find allowable subject matter in a derivation proceeding?
When an examiner finds allowable subject matter in an application involved in a derivation proceeding, they should follow specific guidelines as outlined in MPEP 2311:
“When the examiner has determined that either the petitioner’s or the respondent’s application (where applicable) has allowable subject matter with respect to any claim, the examiner should refrain from taking any further action until consulting with the Technology Center Practice Specialist (TCPS).”
This means that upon identifying allowable subject matter, the examiner should:
- Stop any further examination actions
- Consult with the Technology Center Practice Specialist (TCPS)
This consultation ensures that the proper procedures are followed in light of the ongoing derivation proceeding.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2311 - Consult A Technology Center Practice Specialist,
Patent Law,
Patent Procedure