What is an advisory action?

An advisory action is a communication issued by the United States Patent and Trademark Office (USPTO), typically by an examiner, indicating that the application does not meet the criteria for allowance and providing reasons for that determination. This type of action can highlight deficiencies in the application and offer guidance on how the applicant might address those deficiencies in potential future amendments or submissions.

It serves as a mechanism for the applicant to understand what changes or additional information may be necessary in order to advance the application towards a more favorable disposition. Advisory actions are particularly useful in the development of an application, as they can assist applicants in refining their submissions and ensuring compliance with patent laws and requirements before further costly or time-consuming steps are taken.

This communication is not an indication of approval or a request for additional documentation but rather focuses purely on the rejection of the current application. Therefore, understanding the advisory action's role is crucial for applicants navigating the patent prosecution process.