Denver Patent Lawyer Q & A Part 8 of 8
What is a Response to an Office Action?
A Response to an Office Action typically includes either or both an amendment and remarks.
What is an Amendment?
In an amendment, you agree to make changes to the claims. You might also make changes to the written description of your invention (for example, to correct typographical errors). Sometimes you also have to make changes to the drawings (for example, to show an aspect of your invention more clearly).
What are the Remarks?
In a response, you present arguments or reasoning explaining why your invention should be patentable and why the Examiner’s rejections are incorrect. If the Examiner agrees, the next action you receive from the US Patent Office may be a Notice of Allowance – meaning your patent application will issue as a patent if you pay the fees and tend to any formalities the Examiner requires.
But how do you file a Response to an Office Action?
The mechanics of preparing and filing a Response are best left to a patent attorney. There are specific requirements, including important deadlines, that must be met in order to file a proper Response with the US Patent Office. Failing to file a proper response in a timely manner may result in a loss of legal rights to your invention.
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