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What is a Non-final Office Action?

Typically the first response from the USPTO Examiner during the examination of a patent application is called a Non-final Office Action.


While you have six (6) months to respond to this, you will save surcharge fees if you respond within three (3) months. The Non-final Office Action response gives you a chance to evaluate the Examiner's arguments and either argue why the Examiner is wrong, why the references are not applicable, or amend the claims to distinguish over the references cited for rejection as prior art.

 

 

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