When can an examiner make a rejection based on prosecution laches?

An examiner should exercise caution when considering a rejection based on prosecution laches. According to MPEP 2190:

“An examiner should obtain approval from the TC Director before making a rejection on the grounds of prosecution history laches.”

This requirement ensures that such rejections are made only in egregious cases of unreasonable and unexplained delay in prosecution, typically involving multiple examples of repetitive filings that demonstrate a pattern of unjustified delayed prosecution.

To learn more:

• prosecution laches
• patent examiner
• TC Director approval
• patent rejection
• delayed prosecution