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Once the patent has been published it will be examined by the examiner at Patent Office (like USPTO or others) before it can be granted. Among other things, examiners conduct prior art searching to locate relevant references that can challenge patentability of the application. Often, examiners’ may send non final rejection (NFR) to the applicants by citing prior arts to support the rejection.
IPQuad can help prepare a response to the office action (OA) by understanding why the examiner has rejected the claims. There are two major ways to respond:
Effective Services assists customers in producing ready-to-file office action answers for patents submitted in a variety of jurisdictions, including the United States, the European Patent Office, India, and Australia. Our team of highly talented techno-legal specialists has considerable expertise not only in producing superior replies, but also in supporting attorneys in negotiating the scope with examiners during examiner interviews, to ensure that the ultimately authorised claim set is not too limited.
We also make sure that any unclaimed subject matter is brought to the client's attention so that claims may be amended as soon as feasible to capture the patents' full extent.
The final office action, as the name implies, is the examiner's final set of rejections/objections after examining the applicant's answer to the non-final office action (s). The final office action may include the same or additional rejections as the non-final office action(s).
A final Office Action implies that your application is in the last stages of assessment and that your application will be refused if you do not reply correctly. As a result, you might choose to file a notice of appeal together with your response to a final Office Action. If your application is refused, you will be in a position to file an appeal. Because appeals need detailed and complex legal arguments, it's critical to hire an IP lawyer.
An International Search Report (ISR) is issued by an International Search Authority (ISA) designated at the time of filing a PCT application under the requirements of the Patent Cooperation Treaty (PCT). As a Search Report, the ISR contains a list of identified publications that could be relevant to the patentability of the claims in the PCT application.
In addition to the Search Report, the ISA also provides a Written Opinion that serves as the foundation for the ISA's determination of claim patentability. Responding to the ISA's ISR expedites the PCT application's prosecution when it enters the National/Regional Phase in certain countries.