Filing a patent does not guarantee that the patent will be granted. Even after meticulously drafting and filing a patent, there is a slim chance that it will be granted immediately. Following the filing of a patent, the patent examiner searches for prior art and various other irregularities in the patent/filing documents, based on which the Examiner issues a rejection. During an Office Action Response, it is the Applicant’s responsibility to persuade the examiner, either through arguments or by making necessary changes to the patent claims.
Any changes made during the Office Action responses may result in estoppels against the applicant, affecting the scope of the claims at a later stage. Preparing a good Office Action Response is an art, and a good office action response minimizes such an impact on the scope of claims by emphasizing the distinction between prior art and invention. Drafting an Office Action necessitates a thorough understanding of the law, the invention, and the cited art. During an examiner interview, it may also include discussing the invention and cited art with the examiner.
Brealant Services assists clients in drafting ready-to-file office action responses for patents filed in jurisdictions such as the United States, Europe, India, and Australia. Our team of highly skilled techno-legal professionals has extensive experience not only in drafting superior responses but also in assisting attorneys in negotiating the scope with examiners during examiner interviews, ensuring that the finally-allowed claim set is not too narrow. We also make certain that any unclaimed subject matter is brought to the client’s attention for timely amendments to the claims to capture the broadest possible scope of the patents.
For clients who want to draught their own responses, we can do the heavy lifting, such as performing a detailed technical analysis of the references cited by the Examiner and identifying the technical differences between the cited art and the invention, saving the Attorney time in drafting the Office Action response.