MPEP Q & A 10: Contesting an Objection

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Question:

What is one way an applicant may contest an objection?

Answer:

An applicant may contest an objection by:

  • asking the examiner to reconsider it.
  • filing a petition to the Commissioner.

Chapter Details:

The answer to this question can be found in chapter 700 of the MPEP. This chapter covers the examination of applications.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question comes from section 706.01 of the MPEP.  The following is a brief summary of section 706.01.

706.01   Contrasted With Objections

This section covers the differences between rejections and objections.  The practical difference between a rejection and an objection is that a rejection, involving the merits of the claim, is subject to review by the Patent Trial and Appeal Board, while an objection, if persisted, may be reviewed only by way of petition to the Director of the USPTO.

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