What is an Ex parte Quayle Action?

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.

So the good news is that you won’t have to respond to more prior art rejections. The bad news is that you still have at least one more Office Action to deal with.

Though it can be a minor inconvenience, a Quayle Action should not be cause for major concern in most cases. Once the applicant corrects the formal matters raised by the examiner, the patent application should proceed to allowance. Though it’s rare, you might encounter multiple Quayle Actions in a patent application. If and when that happens, a call to the supervisory examiner may be in order.

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.

Need to response to an ex parte Quayle Action or other patent Office Action?

Reach out to US patent attorney Vic Lin by email or call (949) 223-9623 to see how we can help you file the right specimens to get your trademark registered.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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