What is an Ex parte Quayle action and how does it affect statutory periods?

An Ex parte Quayle action is a specific type of office action in patent prosecution. According to MPEP 710.02(b), Ex parte Quayle actions are an exception to the use of shortened statutory periods:

A shortened statutory period may be used in replying to any statutory or non-statutory Office action EXCEPT: … (B) When the application is not being allowed or when the application has not been allowed and the action is not a final rejection, an Ex parte Quayle action, or an action that otherwise closes prosecution in the application (e.g., a notice of allowance).

An Ex parte Quayle action is issued when the examiner determines that the claims are allowable but there are formal matters that need to be addressed. In these cases, the full statutory period is used instead of a shortened one, typically giving the applicant two months to respond.

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Tags: patent examination