In the United States, the Office action is a document written by an auditor in a patent or trademark examination procedure and sent to the applicant for patents or trademarks. This phrase is used in many jurisdictions.
Formally, "O" should be capitalized, since it refers to US patents and Trademarks O ffice.
Video Office action
United States
Trademark Law
Under United States trademark law, the Office action is issued by examiners for the United States Patent and Trademark Office (USPTO), denying the application to register the trademark. Office actions typically include one or both of the two elements. The first possible element is the category of "informality", matters such as insufficient samples to indicate the use of the mark, providing insufficient information with respect to the nature of the signing entity (eg failing to name partners in the partnership), or providing information it is not enough for the tester to determine what, exactly, the goods and services provided by the applicant.
A second possible element of Office action is the real basis for rejection of the mark itself. The most frequent base is the possibility of confusion with existing and generic registered marks or descriptions of the brand being searched. Rarely, a sign will be rejected as "immoral or embarrassing", usually if it contains sexually suggestive terms, or harsh words, such as a rejection of a logo with a defecating dog in Greyhound Corp. v. Second World, Inc. , 6 USPQ2d 1635.
When an Office action is issued, the applicant has six months to respond to the Examiner. If an Office action is issued in connection with "informality", the response may only be a correction of this issue by providing additional information. If this action is based on defects in the mark itself, such as the possibility of confusion, generic, or descriptive, the applicant may need to present legal evidence and arguments to overcome this rejection. If the Examiner is unsure of the evidence presented, the final Office action will be issued. This can be submitted to the Trademark and Appeals Court. The final Office action is also known as submission of rejection .
Patent law
Under United States patent law, the Office action is a document written by a patent examiner in response to a patent application after the examiner reviews the application. The Office action cites the prior art and provides a reason why the examiner has allowed, or approved, the claim of the applicant, and/or refused the claim.
Office actions may be "final" or "non-final". In a non-final Office action, the applicant is entitled to reply and request a further review or examination, with or without an amendment. In the last Office action, the applicant has two options to reply. In the first option, the applicant may file a claim rejection of the Patent Appeals Board and Interference. Otherwise, the applicant may file an amendment in accordance with the requirements specified in the Office action. Answering the final refusal should include cancellation, or appeal from the rejection, any rejected claim. If any claim is permitted, replies to the final refusal must comply with any requirements or objections to be made. Replies for final Office action shall be in accordance with 37 C.F.R. 1.113-1.114.
When an Office action is issued, the applicant may take up to six months to respond to the Examiner. Note that the short legal period between one and three months is usually applicable (justified by the USPTO's desire to expedite the prosecution of the application) and responses sent later from the shortened period require the petition and payment of the petition fee varying by the amount additional months requested. Each additional month costs more. For example, when the Examiner sends a limitation requirement, the one-month valid legal period applies, and if the applicant sends a response on the 31st or 32nd day (depending on the month, as well as the practice of Saturday/Sunday/holiday; day), a one month renewal petition, and associated costs, must accompany the response. Most other Office actions have shortened the legal period of two or three months. Note however that the applicant can not apply for an extension beyond the six-month limit.
FAOM is an acronym used by the USPTO for " f irst a ction o n m erits ".
Maps Office action
See also
- Search reports
- Manual of Patent Inspection Procedure
References
External links
- The Manual of the Patent Inspection Procedure (MPEP) on the USPTO website
- Trademark information on the USPTO website
Source of the article : Wikipedia
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