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What is an Advisory Action?

When a response is made to a Final Office Action, the Examiner may issue an Advisory Action.
An Advisory Action will likely be a refusal to amend as requested in the response.


However, on some occasions, an Examiner may indicate in the Advisory Action what might be acceptable (this is done by Objecting instead of Rejecting, with an indication that certain claims might be alloweable if rewritten. It is desirable to send a response to a Final Office Action within two (2) months of receipt, to give the Examiner time to issue the Advisory Action. This then allows you to make a further response (such as filing a Request for Continued Examination, Notice of Appeal or an amendment to take what hte Examiner is willing to give you) within the three month period without surcharge.

 

 

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