What is an Ex parte Quayle Office Action?

An Ex parte Quayle Office Action, or “Quayle Action” for short, is issued when there are minor issues to be resolved in a patent application that is otherwise in condition for allowance. Prosecution on the merits is closed, meaning that substantive examination has concluded. There are no prior art rejections in a Quayle Action. Instead, the examiner is prepared to allow the patent application once those minor non-substantive issues are resolved.

Though it can be a minor inconvenience, a Quayle Action should not be cause for major concern. Once the applicant corrects the formal matters raised by the examiner, the patent application should proceed to allowance.

What issues are typically raised in a Quayle Action?

Here are some common formal matters that may get raised in a Quayle Action:

Quayle Actions may arise in either utility or design applications.

What is the deadline to respond to a Quayle Action?

Typically, a patent applicant will have two months to respond. The sooner you resolve the formal matters, the sooner your patent application will be allowed. If corrections to the drawings are required, factor in the time to get corrected drawings from your illustrator.

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Vic Lin

Vic Lin

Startup Patent Attorney | IP Lead Partner at Innovation Capital Law Group
If you are a startup or small business, we want to help. Our mission is to equip entrepreneurs with solid IP rights that facilitate funding, growth and sales. Let's get to work! Direct: 949.223.9623 | Email: vlin@icaplaw.com