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  • What is an Office Action?
  • The USPTO examines the application and in about 90% of the cases finds reason why the patent should not issue. Most professionals agree that an error, failing to ask for enough protection, occurred in those cases where the application issues without an Office Action. The examiner issues an Office Action usually in 6-9 months, although this timing can fluctuate considerably. The Office Action itemizes and explains the reasons why the application was not allowed. Typically, the USPTO issues two Office Actions before an application is allowed, however, the number of Office Actions may be higher or lower in uncommon circumstances.

    Updated: 11/12/99
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