MPEP 706: Rejection of Claims

Answer in brief

MPEP 706 covers how examiners reject claims. A rejection is about patentability of the claimed subject matter and is appealable. An objection is about form, such as an improper dependent claim, and is reviewed by petition.

What MPEP 706 covers

The section is the backbone of every Office action.

Rejections contrasted with objections (706.01).
Rejections on prior art, under 35 U.S.C. 102 and 103 (706.02).
Rejections not based on prior art, such as § 101 and § 112 (706.03).
Final rejections and when they are proper (706.07).

How examiners use it

The action should be constructive and, where possible, suggest how to correct an issue.

On the patent bar

Rejection versus objection, and appeal versus petition, are tested regularly.

Read the full text

Official title: Rejection of Claims [R-07.2015].

Read MPEP 706 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 706.

Questions & answers

What is the difference between a rejection and an objection?

A rejection concerns the patentability of a claim and is appealed to the PTAB. An objection concerns form and is reviewed by petition to the Director.

Sources for this entry

USPTO — MPEP § 706 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 714: Amendments MPEP 713: Examiner Interviews

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Cite or share this entry

MPEP.net. “MPEP 706: Rejection of Claims.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-706/