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Legal Definitions - Ex parte Quayle action

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Definition of Ex parte Quayle action

An Ex parteQuayle action is a type of office action in the patent application process. It informs the applicant that the claims are allowable on the merits, but the form of the application still needs to be amended.

For example, if an inventor submits a patent application, the examiner may issue an Ex parte Quayle action stating that the claims are valid, but the application needs to be amended to meet certain formal requirements, such as correcting typographical errors or clarifying language.

The applicant typically has two months to respond to the Ex parte Quayle action. If the applicant fails to respond or does not make the necessary amendments, the application may be abandoned.

It is important to note that an Ex parte Quayle action ends the prosecution on the merits, and any amendments that affect the merits will be treated similarly to amendments after final rejection.

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Simple Definition

Ex parteQuayle action: A notice given to a patent applicant stating that their claims are acceptable, but the application form still needs to be changed. The applicant usually has two months to respond. This notice ends the prosecutionon the merits, and any changes made after this notice will be treated similarly to changes made after final rejection.

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