What is an advisory action?

An advisory action is a formal communication from the United States Patent and Trademark Office (USPTO) that informs an applicant regarding the status of their patent application, particularly when the application does not meet the criteria for allowance. This type of action is typically issued following an examination when the examiner believes that the claims still do not satisfy the legal requirements for patentability under the relevant statutes, even if minor issues might be resolvable.

The advisory action helps applicants understand the remaining deficiencies in their application, providing them with the opportunity to amend their claims or respond appropriately. It is essential for guiding the applicants on how to proceed, indicating whether they should address specific issues or potentially reconsider the scope of their claims.

This process allows for continued dialogue between the applicant and the examiner, facilitating the patent prosecution process by outlining what needs to be amended or clarified before any potential allowance of the application. Understanding this function of advisory actions is crucial for anyone preparing for the Patent Bar, as it directly relates to dealing with challenges in patent applications.