What is patent prosecution?
Patent prosecution is the back-and-forth with the USPTO after your application is filed. An examiner reviews your application and often issues an office action, a letter rejecting some or all of your claims. A well-prepared response can narrow the disagreement, amend your claims, and move your application toward a granted patent.
Office actions we handle
- Prior art rejections (35 U.S.C. §§ 102 and 103), where the examiner says your invention isn't new or is obvious
- Clarity and description rejections (35 U.S.C. § 112)
- Subject-matter eligibility rejections (35 U.S.C. § 101), common for software and business-method inventions
- Restriction and election requirements
- Final office actions, including after-final responses and Requests for Continued Examination (RCE)
- Formal notices, such as missing parts, drawing objections, and other informalities
- Examiner interviews, a call with the examiner that often resolves issues faster
Flat-fee pricing
| Service | Flat fee |
|---|---|
| Brief office action review and explanation | FREE |
| Response to an office action | From $500 |
| Examiner interview | From $250 |
| Taking over an application from another filer | From $250 (file review + power of attorney) |
USPTO fees, such as extension or RCE fees, are separate. We quote the full cost before any work starts.
Watch your deadline
Most office actions set a three-month response deadline. You can usually extend it up to three more months, but each month adds a USPTO fee. Missing the deadline can cause your application to be abandoned. Contact us as soon as you receive an office action.
How it works
- Send us the office action. Email it, or share your application number and we'll pull it from the USPTO if it is published.
- Free 30-minute review. Lauren explains the rejection in plain terms and outlines your options.
- Flat-fee quote. You get a fixed price for the response before work begins.
- We draft, you approve, we file. You review the response before it goes to the USPTO.
Frequently asked questions
Can you respond to an office action on an application I filed myself?
Yes. We regularly take over applications filed by inventors or by other firms. We file a power of attorney and review the full history before drafting.
Can a patent agent respond to office actions?
Yes. Registered patent agents are authorized to prosecute patent applications before the USPTO, including all office action responses.
What if the rejection is final?
A final rejection doesn't end your application. Options include an after-final response, an RCE, or an appeal. We'll walk you through which fits your goals and budget.
Have an office action deadline coming up? Book a free review call or email the office action to admin@legacypatents.com.