When can a patent examiner suggest hiring a patent practitioner?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner May Suggest Hiring Patent Attorney for Pro Se Applicants MPEP 401 Prohibited Examiner Should Not Suggest Patent Practitioner Without Patentable Subject Matter MPEP 401 Recommended Office Cannot Assist in Choosing Patent Practitioner MPEP 401 Prohibited Listing of Patent Practitioners Required MPEP 401 How to Get a List of Registered Patent Practitioners MPEP 401 Permitted Juristic Entity Must Be Represented by Patent Practitioner MPEP 401 Required Juristic Entity Must Be Represented by Patent Practitioner MPEP 401 Required Non-Juristic Entity Can File and Prosecute Own Patent Application Pro Se MPEP 401 Permitted Multiple Reissues for Distinct Parts Required MPEP 1401 Required Certifications Required for Pro Se Applicants MPEP 401 Permitted Other Related FAQs 5 FAQs Collapse Can the USPTO help me choose a patent attorney? What certifications do pro se applicants make when filing patent applications? Can I represent myself in a patent application? How can I find a re...