What is the purpose of an Examiner’s Letter or Action?

An Examiner’s Letter or Action, as described in MPEP 707, serves to communicate the examiner’s findings and decisions regarding a patent application. It includes:

  • Information about the period set for reply
  • Any attachments
  • A ‘Summary of Action’ detailing the position taken on all claims
  • Reasons for rejection or objection
  • Useful information for judging the propriety of continuing prosecution

As stated in the MPEP, In accordance with the patent statute, ‘Whenever, on examination, any claim for a patent is rejected, or any objection . . . made,’ notification of the reasons for rejection and/or objection together with such information and references as may be useful in judging the propriety of continuing the prosecution (35 U.S.C. 132) should be given.

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Tags: office action, patent examination, USPTO communication