decision to grant a patent

Division of application is not allowed after the applicant received a copy of the examiner's decision to grant a patent.

Opposition procedure after an examiner's decision to grant a patent was abandoned in 2003; trial for invalidation (Article 123) serves as the alternative.

The examiner then issues a decision to grant a patent, or reports to the Commissioner if there are reasons for refusal that have not dissolved by the amendments (Article 164).

Microsoft had argued that a patent examiner's decision to grant a patent should be given less deference when a jury is considering evidence that had never been considered by the examiner.

If the examiner finds that some reasons for refusal notified to the applicant have not dissolved by the applicant's statement or amendment, the examiner issues a decision to refuse a patent (Article 49); otherwise the examiner issues the decision to grant a patent (Article 51).