Can you still get your patent granted when they issued an advisory action? I'm curious as to what comes next. I've amended claims in the first office action and the final office action. The examiner has been late to respond but I responded on time within what they allow. Now I'm curious why I just got this advisory action!

  • VERY IMPORTANT. responding to a Final office action does not stop the clock. At six months from the mailing of the Final office action, your application goes abandoned, unless the Examiner issues a regular office action or a notice of allowance or if you filed a notice of appeal or an RCE. – tilnow Nov 7 at 13:22

An Advisory Action is to explain to you why your after-final amendment or argument or affidavit did not put your application into a state of allowance. You can appeal, try to get an interview with the examiner, file a continuation application or let it go abandoned.

  • RCE - Request for continued examination is also an option. – AD Adhikary Oct 24 at 1:00
  • Thank you, RCE is probably the most common next step – George White Oct 24 at 1:11

The Examiner works and is paid for their time. When you get to Final the Examiner is only budgeted to put very little attention into what you have to say.

I consider Final to mean "time to put another token in the game machine, but you have a last ditch attempt ". So, Advisory action means you failed and need to put in another token if you want the Examiner to do any real work. RCE is such a token.

That said, the USPTO has an after final pilot program, whereby the Examiner is allocated time to consider what you have to say in more detail than they would in an advisory. It often works and includes an interview.

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