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Simple English definitions for legal terms
Quayle action
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A quick definition of Quayle action:
Quayle action: A notice given to a person who has applied for a patent, stating that their invention is good enough to be patented, but the way they wrote their application needs to be changed. The person has two months to make the changes. After this notice, any changes made will be treated as if the application has been rejected.
A more thorough explanation:
A Quayle action is a type of office action that is issued by the United States Patent and Trademark Office (USPTO) to inform a patent applicant that their claims are allowable on the merits, but that the form of their application still needs to be amended. The term "Quayle action" comes from a 1935 case called Ex parte Quayle.
For example, if a patent applicant submits an application that contains errors or inconsistencies, the USPTO may issue a Quayle action to request that the applicant correct these issues before the patent can be granted. The applicant typically has two months to respond to the Quayle action.
It's important to note that a Quayle action ends the prosecution on the merits, meaning that any amendments made after a Quayle action will be treated similarly to amendments made after a final rejection.