When is a patentability report typically requested?

A patentability report is typically requested in specific circumstances during the patent examination process. According to MPEP 705:

  • When an application contains multiple inventions that are not obviously related
  • When the application involves complex subject matter spanning different technology areas
  • When specialized knowledge from another art unit is required for a comprehensive examination

The primary examiner initiates the request for a patentability report when they determine that additional expertise is necessary to fully evaluate the patentability of the claims.

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