Ex Parte Quayle
Encyclopedia
Ex parte Quayle, 25 USPQ
74, 1935 C.D. 11; 453 O.G. 213 (Comm'r Pat. 1935) is a United States patent law
decision. When a patent application
is in condition for allowance, prosecution
on the merits is closed. At this time, further amendments of the patent application are allowed only to correct formal objections, which typically include minor and obvious mistakes. The presence of such formal objections precludes the full closing of prosecution; therefore, in these situations, the United States Patent and Trademark Office
(USPTO) issues an Ex parte Quayle Office action requesting the applicant to correct the formal objections.
An Ex parte Quayle action has a shortened statutory period for reply that expires two months from the mailing date of the action. This period can be extended by four additional months for up to a total period for reply of six months (with proper extensions and fees).
United States Patents Quarterly
The United States Patents Quarterly is a United States legal reporter published by the Bureau of National Affairs in Washington, D.C. The USPQ covers intellectual property cases including patents, copyrights, trademarks, and trade secrets, from 1913 to the present.The USPQ reports case law from...
74, 1935 C.D. 11; 453 O.G. 213 (Comm'r Pat. 1935) is a United States patent law
United States patent law
United States patent law was established "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" as provided by the United States Constitution. Congress implemented these...
decision. When a patent application
Patent application
A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention , together with official forms and correspondence relating to the application...
is in condition for allowance, prosecution
Patent prosecution
Patent prosecution describes the interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent...
on the merits is closed. At this time, further amendments of the patent application are allowed only to correct formal objections, which typically include minor and obvious mistakes. The presence of such formal objections precludes the full closing of prosecution; therefore, in these situations, the United States Patent and Trademark Office
United States Patent and Trademark Office
The United States Patent and Trademark Office is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.The USPTO is based in Alexandria, Virginia,...
(USPTO) issues an Ex parte Quayle Office action requesting the applicant to correct the formal objections.
An Ex parte Quayle action has a shortened statutory period for reply that expires two months from the mailing date of the action. This period can be extended by four additional months for up to a total period for reply of six months (with proper extensions and fees).