Ask Patents is a question and answer site for people interested in improving and participating in the patent system. It only takes a minute to sign up.
Sign up to join this community
Let's suppose I have an examiner that is "difficult" (I won't elaborate this further, but it might be easier to "refile" the patent than to continue with this examiner).
I know just refiling the patent is not possible, but can I get a divisional or a continuation (or sth else) with minimum effort filed and will it go to a different examiner?
The normal practice at the USPTO is that all co_pending applications (continuations, divisionals, CIP) are examined by the same examiner. The only way that I know to change examiners is if the subject matter of the claims were amended so that the application would be assigned to a different technology center. However, that is a fairly drastic step.
