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Simple English definitions for legal terms

advisory office action

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A quick definition of advisory office action:

An advisory office action is a communication from a patent examiner to a patent applicant explaining why their application has been denied. It can also refer to a response from the examiner to the applicant's appeal or request for reconsideration. A final office action is a determination that the application is not allowable, while a first office action is the initial reply from the examiner to the application. If the first report is a rejection, the applicant must respond to avoid abandoning the prosecution.

A more thorough explanation:

An advisory office action is a communication from a patent examiner to a patent applicant. It is usually sent to explain why an application has been denied. This type of communication is issued by the United States Patent and Trademark Office.

There are two types of office actions: first office action and final office action. The first office action is the initial reply from the patent examiner to the patent application. If the examiner rejects most or all of the claims, it is called a shotgun rejection. The applicant must respond to the examiner's reasons for rejection, amend the claims, or both to avoid abandoning the prosecution.

The final office action is the examiner's determination that the application is not allowable. The applicant can file a continuation application, appeal the decision, or request continued prosecution.

An advisory office action is issued after a final office action. It addresses the status of an amendment made in the applicant's response to the final rejection, indicates the status of the claims for appeal, addresses an affidavit or exhibit, or responds to a request for reconsideration.

  • An applicant receives a final office action stating that their patent application has been denied. They respond with an amendment to the claims. The examiner then issues an advisory office action to address the status of the amendment and the claims for appeal.
  • Another applicant receives a first office action with a shotgun rejection. They respond by amending the claims. The examiner issues a second office action, which is not an advisory office action, to review the amended claims.

These examples illustrate the different types of office actions and how they are used in the patent application process. The advisory office action is specifically used to address issues that arise after a final office action has been issued.

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shaquilleoatmeal
11:44
@Trismegistus: real one
Trismegistus
11:44
thats only one person tho
11:45
MASSIVE penn wave
Trismegistus
11:45
does penn call or portal?
lilypadfrog
11:46
@Trismegistus: twin when did you apply? I applied in mid nov
cumsock
11:47
35% spike in applicants this cycle what the fuckkkkk
11:47
i applied 5 days ago, should i be worried i missed this wave
Trismegistus
11:47
all my apps are oct- to mid nov, except nyu which was dec
Trismegistus
11:47
penn was oct
PuppyBot
11:47
why does everyone want to be a lawyer
PuppyBot
11:47
jacking my style all of a sudden
cumsock
11:49
"But I also want to end on this note. Don't be afraid of being wrong. And what I mean by that is, being wrong about a school. I applied to Princeton coming out of high school and didn't get in. I ended up going to Vanderbilt. I could never see myself having gone anywhere but Vanderbilt." -Spivey
cumsock
11:49
this type of advice makes me so pissed like brotha
Trismegistus
11:50
why
11:51
omg another penn
11:51
its happening
@shaquilleoatmeal: I am now 31 and in group chats with people in their 50s and in their early 20s, as long as it isn't something weird being in the meme chat is chill
Trismegistus
11:51
are people fucking with me or what
siroracle
11:51
The crux of the advice is apply to worse schools and take what ya get
Trismegistus
11:52
does penn call or update to portal/ email?
cumsock
11:52
@Trismegistus: cus how does not getting into the best school in the country and "settling" for one of the most prestigious schools in vandy help anyone realistically
@Trismegistus: ^^^^
11:52
p sure they call
cumsock
11:52
ig it only helps people who are ab to jump off a bridge if they dont get into YLS
Trismegistus
11:53
@cumsock: yeah, im not sure really, i think it's just that, life is what you make it, peace with your fate once it happens? idk, i agree with you though
HopefullyInLawSchool
11:53
Another day another dollar
@cumsock: yeah lmao guy is such a prick, my bad i had to settle for vandy
lilypadfrog
11:54
he is a terrible writer. his personal writing blog is shockingly bad
@lilypadfrog: are there flowers on your lily pad?
11:55
how was your first day of classes @knowledge
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