What should patent examiners do when they find patentable subject matter in a pro se application?
When a patent examiner finds patentable subject matter in a pro se application (filed by an inventor without legal representation), they should take proactive steps to assist the applicant. According to MPEP 707.07(j):
When, during the examination of a pro se application it becomes apparent to the examiner that there is patentable subject matter disclosed in the application, the examiner should draft one or more claims for the applicant and indicate in his or her action that such claims would be allowed if incorporated in the application by amendment.
This practice helps expedite prosecution and offers a valuable service to individual inventors who may be unfamiliar with patent application procedures.
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