Dispensing with the Formalities: Ex Parte Quayle Actions
Checking my email after work one day, I was greeted with some unfortunate news: the application I was prosecuting had received yet another Office action. Frustrated, I couldn’t resist skimming the substance of the rejection. After all, like any patent practitioner, I thought my arguments were pretty irrefutable. The news only got worse… or so it appeared. The Office action was something called an “ Ex Parte Quayle action.” Having never received one of these actions, I started mentally preparing myself to pull out the MPEP and research some arcane rejection. To my surprise, I didn’t find myself knee-deep in case law the following day. Ex Parte Quayle actions, while somewhat inconvenient, are far from insurmountable. In short, an Ex Parte Quayle action or “Quayle action” is issued when an application has objections remaining as to formal matters, but is otherwise allowable. Accordingly, the mailing of these actions closes prosecution on the merits of the appl