35 U.S.C. 131 Examination of application.
The Director shall cause an examination to be made of the application and the alleged new invention; and if on such examination it appears that the applicant is entitled to a patent under the law, the Director shall issue a patent therefor.
35 U.S.C. 101 Inventions patentable.
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Utility (Non-Provisional) Patents are examined for novelty. A majority of the applications receive an Office Action where the USPTO Examiner objects to and/or rejects claims in the patent application. The applicant (or Patent Attorney/Agent) must respond to an Office Action within the prescribed time or the application will go abandoned. Office Actions can be argued pro-se (by the Applicant) or the Patent Attorney/Agent may represent the Applicant in the matter. Office Actions are responded to via legal argument as based on case law and on common-sense argument pointing out the specific differences between the cited patents and/or publications and the disclosed application.
Integrity Patent Group is pleased to provide service to Applicants in Office Actions. Email your Office Action documents to firstname.lastname@example.org for a free assessment and quote today.