When can a patent examiner suggest hiring a patent practitioner?

A patent examiner may suggest hiring a patent practitioner under specific circumstances, as outlined in MPEP 401:

“If patentable subject matter appears to be disclosed in a pro se application and it is apparent that the applicant is unfamiliar with the proper preparation and prosecution of patent applications, the examiner may suggest to the applicant that it may be desirable to employ a registered patent attorney or agent.”

However, the examiner should not suggest hiring a practitioner if the application appears to contain no patentable subject matter. The MPEP provides a form paragraph (4.10) for examiners to use when making this suggestion.

Topics: MPEP 400 - Representative of Applicant or Owner, MPEP 401 - U.S. Patent and Trademark Office Cannot Aid in Selection of Patent Practitioner, Patent Law, Patent Procedure
Tags: new patent practitioner, Patent examiners, patentable subject matter, pro se