What is an Ex parte Quayle action in design patent examination?
An Ex parte Quayle action is a type of Office action issued when the examiner determines that the claim in a design application is patentable, but there are still formal matters that need to be addressed before allowance. The MPEP 1504 states:
“When an examiner determines that the claim in a design application is patentable under all statutory requirements, but formal matters still need to be addressed and corrected prior to allowance, an Ex parte Quayle action will be sent to applicant indicating allowability of the claim and identifying the necessary corrections.”
This action indicates that the substantive examination is complete, and only minor formalities remain to be resolved before the patent can be granted.
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