Responding to Office Actions
After the documents are received by Rospatent, the application is registered and sent for examination. First, experts conduct a formal examination, and then analyze the declared industrial design. If at any of these stages the specialists of the patent office have questions, then the applicant is sent a request.
Depending on the required information, experts send a request:
- On the provision of a document confirming the payment of the duty in the required amount.
- About clarifying, correcting or adding information about the applicant.
- About changing, clarifying, supplementing information related to the object of registration.
Design requests refer to the description, the image provided, the classes of the ICID and other actions aimed at increasing the level of patentability of the industrial design.
Regardless of the nature and content of the request, it is important for the applicant to know that:
- Sending a response is an optional action, the owner of the design has the right not to respond and not to send additional information to Rospatent.
- The request specifies the period within which the person can respond. If the applicant missed this period for a good reason, then they admit the filing of a petition for the restoration of the missed deadline.
- Sending documents does not automatically mean accepting or changing the original information. Experts first consider the information received and then decide whether to attach the documents to the application and take into account the changes, or refuse to do so.
Zuykov and partners will tell you how to respond to requests from experts from the patent office, help you draw up documents correctly and send them on time.
After the applicant has drawn up and filed an application, the Patent Office registers the received documents and begins to conduct an examination. During the examination, Rospatent specialists may have questions. In this case, they send to the applicant a request and ask to send the missing documents, provide clarifications, clarify information or make changes to the application or to the object. The owner of the intellectual property has the right to choose whether to respond to the experts' request or not. In case of a positive decision, it is worth responding within the time limit set by the request. The experts will attach the received information and take it into account when examining the application.