In intellectual property law, an office action generally refers to a formal document issued by an IP Office such as the European Patent Office (EPO) or the US Patent and Trademark Office (USPTO) in the context of administrative procedures relating to the examination of industrial property rights. These types of letters are used to communicate important information regarding a patent, trademark, design, or other industrial property right application.
Office actions can be of various types, such as:
- a decision to accept or reject a patent, design or trademark application
- a notice of publication of a patent application or registration of a design or trademark
- an invitation to correct errors or complete an application
- information on deadlines for responding to certain administrative or legal procedures, such as responding to an opposition filed by a third party
- notification concerning the maintenance or renewal of intellectual property rights, such as patents, utility models, designs or trademarks.
In most cases, where appropriate, the Office will give the applicant a period of time to respond. This period, which is usually between two and six months, varies depending on the nature of the office action and the jurisdiction.
In short, an office action is the official way the IP Office informs the owner of a right or their representative about what’s going on with the procedure and any decisions made.