PATENT LEARNING CENTER - by Trademarks On Call®

Provided by Trademarks On Call®, the Patent Learning Center is for informational purposes only, not legal advice. Select a topic below to learn more about patents:

Patents | Design Patents | Provisional Applications | Utility Patents

Applying for Patents | Patent Office Actions | Patent Maintenance

PATENT OFFICE ACTIONS

The U.S. Patent and Trademark Office (USPTO) may issue different types of official letters regarding your patent application. It is important to review each official letter to determine how to respond as well as the deadline for responding. Below is a brief discussion of the most common types of official correspondence:

• Office Action:

An Office Action is a written correspondence from the USPTO that sets forth grounds of rejection or objection to a patent application. An Office Action requires that the applicant reply by filing a written response with the USPTO for prosecution of the application to continue. The response must address all grounds of rejection or objection set forth in the Office Action.

• Notice of Allowability:

A Notice of Allowability is issued by the USPTO when it determines that all pending claims in an application are allowable - i.e., eligible to receive a patent. The Notice of Allowability will identify the claims that are deemed allowable and will be accompanied by a Notice of Allowance and Fee(s) Due which will identify the fees that must be paid before the USPTO will issue the application as a U.S. patent.

• Notice

A notice may be sent by the USPTO to identify one or more deficiencies in a patent application or an applicant's correspondence with the USPTO. A notice typically sets a 2-month deadline in which to respond and correct the deficiency, unless the notice accompanies an Office Action.

DEADLINES FOR PATENT OFFICE ACTIONS

Typically, a response to an official letter (e.g., Office Action) issued by the USPTO must be filed within 6 months from the mailing date of the letter. However, an Office Action almost always sets a shortened time period - typically 2 or 3 months - in which a response can be filed without having to pay extension of time fees. Still, in certain circumstances an Office Action may set forth a different deadline - be sure to carefully review all official letters issued by the USPTO. The USPTO does not grant extensions of time beyond the 6 month deadline to file a response. If an acceptable response is not filed by the deadline, the patent application will be abandoned. To make sure you do not miss a deadline, you may want to consult with a licensed patent attorney.

Disclaimer: Trademarks On Call is not a law firm or a substitute for an attorney or a law firm. Trademarks On Call does not provide legal advice. The information provided on this website is for informational purposes only and does not constitute legal advice.