MPEP § 1705 — MPEP § 1705
Current through: 2022-07-01

1705-Examiner Docket, Time, and Activity Recordation 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1700 

 Section 1705 
 

 
 
 
 
 
 1705 Examiner Docket, Time, and Activity Recordation [R-07.2022]

 Actions prepared by examiners are submitted electronically and sent to
 their respective legal instrument examiners for entry of the type of Office action into the
 USPTO’s automated data management system and for mailing.
 

 Each examiner’s action that is counted and reported to the USPTO’s
 integrated examination tools will be listed by application number on their individual time
 and activity report. The time and activity report should be checked by the examiner to
 verify that all applications worked on for the biweekly report period are properly
 listed.
 

 I. COUNTING OF FIRST ACTION ON THE MERITS (FAOM) Office actions on the merits consist of rejections (final and
 non-final), Ex parte Quayle actions, and allowances.
 

 The first time an examiner performs one of the above merit actions,
 credit is received for a First Action on the Merits (FAOM) on the production
 reports.
 

 A second/subsequent FAOM usually occurs when the first action is a
 mailed restriction/election action and the second action is an action on the merits. The
 USPTO’s automated data management system will automatically determine if it is a FAOM.
 If the second action is a FAOM the examiner will be credited for FAOM on the production
 report. 
 

 II. COUNTING OF DISPOSALS An examiner receives a 
 "disposal"
 
 
 credit for the following actions:
 

 
 (A) Allowance; 

 (B) Abandonment;

 (C) Requests for Continued Examination; 

 (D) Examiner’s Answer;

 (E) International Preliminary Examination Report; and

 (F) Institution of an interference or derivation proceeding wherein
 the application would be in condition for allowance but for the interference or
 derivation proceeding.
 

 
 These same items constitute the 
 "disposals"
 
 
 for performance evaluation of examining art units and
 TCs. However, disposals at the Office level consist only of allowances and
 abandonments.
 

 For either an allowance or an abandonment after an Examiner’s Answer or
 decision by a court or the Patent Trial and Appeal Board, no disposal credit is
 received, though these actions are indicated on the examiner’s individual time and
 activity report.
 

 III. CORRECTION INFORMATION 
 (A) If any information is either missing from or incorrect on an
 examiner’s time and activity report, the examiner should promptly notify their
 supervisory patent examiner (SPE). 
 

 (B) The SPE will report the necessary changes and corrections
 directly into the integrated examination tools. These changes will be listed
 dynamically on the examiner’s individual time and activity report.
 

 (C) If any information is missing from the last examiner’s individual
 time and activity report at the end of a quarter (except at the end of a fiscal
 year) or is incorrect, the examiner should promptly notify their SPE and/or their
 TC troubleshooter. The troubleshooter will make the appropriate changes directly
 into the integrated examination tools. The changes will be listed dynamically on
 the examiner’s individual time and activity report. 
 

 (D) In order to ensure that all reports are correct at the end of the
 fiscal year (rating period), or if any information is missing from or is incorrect
 on the last examiner’s individual time and activity report, the examiner should
 immediately notify their SPE of any needed corrections. These changes will be
 reflected in the examiner’s final biweekly time and activity report for the entire
 fiscal year.
 

 
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 1701-Office Personnel Not To Express Opinion on Validity, Patentability, Expiration Date, or Enforceability of Patent 
 1701.01-Office Personnel Not To Testify 

 
 

 1702-Restrictions on Current and Former Office Employees Regarding Patent Matters 

 1703-The Official Gazette 

 1704-Application Records and Reports 

 1705-Examiner Docket, Time, and Activity Recordation 

 1706-1719-[Reserved] 

 1720-Dissemination of Court and Patent Trial and Appeal Board Decisions 

 1721-Treatment of Court and Patent Trial and Appeal Board Decisions Affecting Patent and Trademark Office Policy and Practice 

 1722-1729-[Reserved] 

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 Last Modified: 
 
 03/09/2026 20:50:36