Final Disposition

There are several possibilities after a first or second Office action:

*  Allowance and Issue of Patent;

*  Final Rejection;

*  Abandonment;

*  Appeal.

Allowance and Issue of Patent: If an examiner finds that a patent application meets the requirements, the patentee will receive a notice and has a limited time to pay the issuance fees. The average time to issuance is currently 32 months (Current Patent Pendency). (Most utility patent applications receive at least one rejection.)


Final Rejection: If the examiner finds that the patent application does not meet the requirements, the patentee will receive a Final Rejection and can then either Abandon or Appeal the application or continue with a new application.

     Currently the number of patents that were allowed is less than the number of abandonments (53% of disposals). Patents are Getting Harder to Receive. See the Not Just Patent site U.S. Patent Statistics at http://USPatentStatistics.com for more information.


Final Rejection

On the second or later consideration, the rejection or other action may be made final. The applicant’s reply is then limited to appeal in the case of rejection of any claim and further amendment is restricted. Petition may be taken to the Director in the case of objections or requirements not involved in the rejection of any claim. Reply to a final rejection or action must include cancellation of, or appeal from the rejection of, each claim so rejected and, if any claim stands allowed, compliance with any requirement or objection as to form. In making such final rejection, the examiner repeats or states all grounds of rejection then considered applicable to the claims in the application.

http://www.uspto.gov/web/offices/pac/doc/general/index.html#non



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Opposition Pleadings    UDRP Elements    


Oppositions-The Underdog    Misc Changes to TTAB Rules 2017

How To Answer A Trademark Cease and Desist Letter

Converting Provisional to Nonprovisional Patent Application (or claiming benefit of)

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Insurance Extension  Advantages of ®  ApplyTM.com

How to Respond to Office Actions  Final Refusal

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How To Show Acquired Distinctiveness Under 2(f)

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Section 2(d) Refusals   FilingforTrademark.com

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What is the Difference between Principal & Supplemental Register?

Typical Brand Name Refusals  What is a Family of Marks? What If Someone Files An Opposition Against My Trademark?

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DIY Overcoming Descriptive Refusals

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Published for Opposition     What is Discoverable in a TTAB Proceeding?

Counterclaims and Affirmative Defenses


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