|
|
Final Office Action and Advisory Action
Posted by Anonymous . updated on 11/28/2011
I'm a patent engineer in Asia. My client receives the Final Office Action. The Examiner indicates some claims of the application have allowable subject matters. Then, we decided to include the limitations about the allowable subject matters into the Indepedent Claims. We have submitted the response and the amendments after 2 months from the mailing date of the office action. We did not file an RCE.
I'm wondering if the examiner does not approve the amendment, what would the examiner do?? It seems that we won't receive an advisory action.
In other situation, if an applicant amend the claims and respond the Final Office Action, which does not mention any allowable subject matter. The applicant neither file an RCE nor respond within 2 months from the mailing date of the Office Action. Then, what would the Examiner do??
Thank you for your help!!
Answers (1)
| |
|
Smith John
|
**This is not legal advice and should not be construed as legal advice**
For your first question: "I'm wondering if the examiner does not approve the amendment, what would the examiner do?"
The examiner indicated allowable subject matter in the Final Office Action. In most cases, when you file an After-Final Amendment without an RCE, and your After-final Amendment incorporates the allowable subject matter into the independent claims, the Examiner will most likely allow the application to issue into a patent.
On the other hand, sometimes the examiner may find new references that teach the allowable subject matter after you've filed the After-Final Amendment. In this scenario, the examiner may issue another Office Action, allowing you another chance to argue without filing an RCE.
As for your second question: "The applicant neither file an RCE nor respond within 2 months from the mailing date of the Office Action. Then, what would the Examiner do??"
If you respond to a Final Office Action by amending the claims, and you do not file an RCE, the examiner will issue an Advisory Action indicating that your claim amendments raise new issues that require a further search. The Advisory Action will give you time to file an RCE, but in no event can the RCE be filed after the 6-month statutory deadline of the Final Office Action.
Hope this helps.
|
|
Related Questions
 |
I was reading an article about a discovery made by a professor. While reading it, I came up with an application of the discovery that could be very successful. What are the approaches that I can use to get m... Read More |
|
This is to clarify a question that I asked earlier. I was reading an article about an invention made by a professor. While reading it, I came up with an application of the invention that could be very succes... Read More |
|
re: patenting an application Given that a technology has become protected under patent, and other, law, can an application of that technology be patented by someone other than the owner of the original techn... Read More |
|
sir, i am a docter,i have done( bams),and now i want to make a helicopter;with the help of some part of motorbike,so is any law which can stop me to do particular work.and 2nd thing i am not using any one''s... Read More |
|
what forms do i need to file a patent Read More |
|
- Patent Express is the fastest and easiest way for an individual inventor to file a U.S. Patent or Trademark Application.
- Patent Express fills the gap for those who cannot afford a U.S. patent attorney or agent, but want to have their patent drafted and issued.
- Patent Express is backed by a 100% money back guarantee.
|