Office Action Response
Approximately one to two years after filing your application, you will receive the first substantive response from the Patent Office. This is a letter called an “Office Action” in which the examiner will state any obstacles found against the patentability of your invention. Most commonly, these letters contain an initial rejection of most of the claims filed. It almost never happens that all the claims of an application are allowed right away, in the first Office Action. That is why it is important to respond in a solid, compelling and well-documented manner to each and every one of the objections raised by the examiner.
In many cases, the examiner will cite prior art references found and argue that they somehow invalidate the invention. The response must address each of these references and properly argue why they do not defeat the patentability of the rejected claims, cancel those claims, or amend them so that they become allowable in light of the new developments.
For this reason, the fee for an Office Action response will depend mainly on the complexity of the response to be prepared, which will be closely tied to the complexity of the application and how many claims it contains.
CHOOSE THE OPTION THAT FITS YOUR NEEDS
Number of Claims to defend
The USPTO Office Action will raise challenges to one or more of the claims filed in the application. However, if you simply wish to abandon a claim, because you believe the prior art reference cited by the examiner does in fact defeat it, then you should not count that claim when calculating the cost. Count only those claims you want us to defend or amend in the response. If the same claim was rejected on two or more different grounds, count it as two or more, as applicable, since the claim will have to be defended along different lines and this requires more analysis time.
REFERENCE NUMBER
At Patentes USA we have a system of unique reference numbers to unequivocally identify our prospective and future Clients and each of their requests. By submitting a service request with it, you confirm that you fully accept the conditions detailed in the Engagement Letter in which you received it.
See our terms of service to make sure you fully understand the consequences of submitting a service request both with and without a valid reference code.
This service requires a valid reference number in categories B, C, D or Z.