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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?

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  • I had a patent application where the examiner was simply misinterpreting a portion of the specification and on that basis refusing the patent. After several rounds of communication, my attorney went to the examiners supervisor which was then effective on getting past that roadblock. – Eric Shain Dec 8 '16 at 23:52
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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.

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  • Thanks, then I guess an appeal is the only way to get another (counting) opinion. – DonQuiKong Dec 12 '16 at 22:06

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