After filing the patent application with the USPTO, an Office Action from the USPTO will usually be received within 8 to 14 months. Typically, the USPTO will reject some or all of the claims of the patent application depending upon whether the USPTO Examiner believes it would have been obvious to create your invention in view of the prior art located by the Examiner.
It is then necessary to argue that your invention is patentable based upon the differences between the invention and the art cited by the USPTO Examiner. Legal arguments and decided case law may be used to refute the Examiner’s position. A telephone interview with the Examiner may also be arranged to find agreement on any issues of dispute.
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