Does a high number of non-final office actions indicate a attorney is inexperienced or intentionally dragging on the timeline to make more money?

What is "high?" :Is there anyway to figure out how many office-actions it should take before something is granted?

Is the number of office actions an attorney receives a measure of how good the attorney is?

Competent attorneys would be able to do things right the first time and avoid mistakes that lead to office actions?

1 Answer 1


At least two questions here -

High number of non-final actions?

Usually office actions become final very soon in the process. Many non-final actions means the examiner has not succeed in even making a basic rejection that holds water even on its face. This means the attorney has successfully pointed out big holes in office actions.

High number of office actions a reflection on attorney?

No - without knowing more it means nothing. Prosecution is a back-and-forth between the attorney and the examiner under the details of the invention. It may be that the examiner has a very very low allowance rate; it could be the attorney doesn’t understand the invention; it could be your invention is marginal and it will take a lot of work to find something allowable.

  • thanks for pointing it out
    – George White
    Commented Aug 10, 2022 at 22:28

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