Question

In a second or subsequent examination, if the examiner finally rejects some or all of the claims, what can the applicant do at that point?

a) File a lawsuit against the examiner.
b) Accept the rejection and abandon the application.
c) Appeal the rejection to the Patent Trial and Appeal Board.
d) Submit a new patent application.

Answer 1

In a second or subsequent examination, the applicant has several options: file a lawsuit, accept the rejection and abandon the application, appeal to the PTAB, or submit a new application.

Step-by-step explanation:

In a second or subsequent examination, if the examiner finally rejects some or all of the claims, the applicant has several options:

1. File a lawsuit against the examiner. Although it is possible to take legal action, it is not a common or recommended course of action for resolving patent rejections.
2. Accept the rejection and abandon the application. If the applicant believes that the examiner's rejection is valid and there are no other options for overcoming the rejection, they may choose to abandon the application.
3. Appeal the rejection to the Patent Trial and Appeal Board (PTAB). The PTAB is an administrative review board that provides an opportunity for applicants to challenge the examiner's rejection. This is a common step taken by applicants who wish to continue pursuing their patent.
4. Submit a new patent application. If the applicant believes that their claims were rejected due to deficiencies in the original application, they may choose to submit a new application addressing those deficiencies.