Who initiates a patentability report during patent examination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

A patentability report is typically initiated by the primary examiner assigned to the application. According to MPEP 705, ‘the primary examiner indicates the classifications where patentability reports are desired and suggests the best fitted examiners’. This decision is based on the primary examiner’s assessment of the application’s complexity and the need for specialized knowledge in different areas.

Tags: patent examination process, patentability report, primary examiner