What is a First Action on the Merits (FAOM) in patent examination?
A First Action on the Merits (FAOM) is an important step in the patent examination process. According to MPEP 1705:
“Office actions on the merits consist of rejections (final and non-final), Ex parte Quayle actions, and allowances. The first time an examiner performs one of the above merit actions, credit is received for a First Action on the Merits (FAOM) on the production reports.”
In simpler terms, a FAOM is the first substantive review of a patent application by an examiner, where they either reject the application, allow it, or issue an Ex parte Quayle action. This action is significant because it initiates the substantive examination process and is tracked for productivity purposes.
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