When might the Director remand a case for a new ground of rejection?

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.

The Director may remand a case for consideration of a new ground of rejection when there has been a change in the law that necessitates such action. MPEP 1211 provides an example: “For example, the Director may remand a case for consideration of a new ground of rejection pursuant to 37 CFR 41.35(c) where there has been a change in the law that calls for a new ground of rejection to be entered.” This ensures that patent applications are examined under the most current legal standards.