An office action is a notification that a patent examiner sends to the applicant of a pending patent application. The notice usually includes one or more rejections of claims made in the application. This blog will walk you through the different types of office action and how you can respond to them.
What is an OA?
An office action is a notification that a patent examiner sends to the applicant of a pending patent application. The notice usually includes one or more rejections of claims made in the application.
Understanding the difference between Office Action and Notice of Allowance
The USPTO sends response to the applicant for the patent. The governing body may issue an office action if they find a problem with the application such as a rejection of one or more claims. A notice of Allowance, on the other hand, is issued when the USPTO has decided to allow the applicant’s claims.
What are the different types of Office Action?
There are basically three types of Office Actions : Non-Final, Final and supplemental. Let’s take a look at each of them.
It is the first action that an examiner sends after reviewing an application. It includes rejections of claims, but also may includes objections and/ or requests for information. The applicant has six months to respond to a non-final Office Action.
After an applicant has responded to a non-final office action, the patent examiner sends a final office action to the applicant. It includes rejections of claims that an examiner believes can not be overcome. The applicant has six months to respond to a final office action. The patent examiner will abandon the patent application if the applicant fails to submit the response.
It is an update from the examiner that may include new rejections, objections, and/or requests for information. The patent examiner sends this to applicant when he has responded to the previous Office Action.
How to respond to an Office Action?
If you receive an Office Action from the USPTO, don’t panic! You will have a chance to respond to the Office Action and explain why your patent should be granted. Here are some tips on how to respond to an Office Action.
- Read the Office Action carefully. Make sure you understand what the issues are that the USPTO is raising.
- Research the issues. See if you can find any prior art that would help address the issues raised in the Office Action.
- Draft your response. Be sure to address each issue raised in the Office Action.
- File your response with the USPTO. You will need to pay a filing fee when you file your response.
- Wait for a decision from the USPTO. The USPTO will review your response and make a decision on whether to grant your patent or not.
An OA from the USPTO is a notice that raises the objections in claims sections of the patent application. The notice will either 1) require the applicant to make corrections to the application or 2) reject the claims made in the application. In most cases, an applicant can overcomes the objections by making necessary changes to the application.
Hire Patent Drafting Catalyst
If you receive the OA from the USPTO, it is important to hire Patent Drafting Catalyst (PDC) to help you respond to the Office Action. PDC has a team of expert who can help you navigate the complex world of law. They will work with you to ensure that your response is complete. Additionally, they will take care that the response is in compliant with the rules and regulations of the USPTO.
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