When should an applicant raise the issue of a premature final 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.

According to MPEP 706.07(c), an applicant should raise the issue of a premature final rejection as soon as possible:

Any question as to prematureness of a final rejection should be raised, if at all, while the application is still pending before the primary examiner.

This guidance emphasizes the importance of addressing the issue promptly. Applicants should not wait until after the examination process has concluded to raise concerns about a premature final rejection. By addressing it while the application is still with the primary examiner, the issue can potentially be resolved more efficiently.