When is it necessary to inspect previously abandoned application papers or granted patents during patent examination?
During patent examination, it becomes necessary to inspect previously abandoned application papers or granted patents in certain situations:
- When examining a reissue application
- During a reexamination proceeding
- In other cases where historical information or prior art is relevant to the current examination
The MPEP clearly states: In the examination of an application, it is sometimes necessary to inspect the application papers of some previously abandoned application (provisional or nonprovisional) or granted patent. This is always true in the case of a reissue application and reexamination proceeding.
This inspection helps examiners understand the full context and history of related inventions or applications.
To learn more: