Patent Information

The Office Actions and Prosecution step is where most of the action (and strategy) happens in the patent process. This stage begins after your patent application has been examined and continues until it’s either allowed, abandoned, or appealed.

What Is an Office Action?
An Office Action is an official letter from the USPTO patent examiner responding to your application. It outlines the examiner’s findings, including:

• Whether your invention is patentable
• Any rejections or objections
• Citations of prior art
• Requests for clarifications, corrections, or amendments

What Is Patent Prosecution?

Patent prosecution is the back-and-forth communication between you (the applicant) and the USPTO after filing. It includes:

• Responding to Office Actions
• Amending claims
• Explaining or arguing why your invention should be patentable
• Continuing examination or appealing decisions if needed

Note: "Prosecution" here is not criminal—it’s legal terminology for managing and negotiating your patent application.

Non-Final Office Action

The first formal response from the examiner:

• Lists rejections (based on prior art or legal requirements).
• May include technical objections (e.g., unclear language, improper claim structure).
• You have 3 months to respond (extendable to 6 months with fees).

Final Office Action

If your first response doesn’t resolve all issues:

• The examiner will issue a final rejection.
• You still have options, but you can’t introduce new material or make unrestricted claim changes.

You can submit a written response that may include:

• Amending claims (e.g., to narrow them or add details)
• Arguments explaining how your invention differs from cited prior art
• Declarations or technical evidence
• Interviews with the examiner (optional but helpful)

Your goal is to overcome rejections and bring the application to allowance.