An Office Action is correspondence from a USPTO examiner that may raise objections or reject claims. A response must address the issues identified to continue prosecution of the application. Receiving an Office Action is a routine step in obtaining patent protection.
What should you do first?
Read the complete notice and arrange a timely review. Keep the mailing date, application number, cited references, and prior correspondence together. Do not wait until the deadline to seek assistance.
What can a response involve?
Depending on the notice, the response may involve amendments, arguments, or other required submissions. A restriction requirement, non-final action, and a final action all call for different considerations. A final action requires assessment of the available next steps, including a potential appeal to the Patent Trial and Appeal Board (PTAB).
How are deadlines determined?
The notice identifies the response period. Some extensions may require fees, and not all deadlines are extendable. Failure to respond properly and on time can result in abandonment.
Prepare for your discussion
Gather the complete Office Action, current application and claims, and earlier responses. See Utility Application and Patent FAQs for context.
Discuss Your Invention
Contact Lowry Blixseth APC in Agoura Hills to discuss your patent goals and next steps.