During prosecution of a patent application, an ex parte Quayle action or simply a Quayle office action arises from the matter of Ex parte Quayle, 25 USPQ 74, 1935 C.D. 11; 453 O.G. 213 (Comm’r Pat. 1935), and is issued when the claims of a patent application are considered allowable on the merits, but minor formalities or objections prevent the application from being allowed to procure the patent.

 

 

A Quayle action ends prosecution on the merits, which means examination of the application is terminated and amending the application to correct the formalities or objection will result in placing the application in a condition of allowance. Quayle actions need to be responded within 2 months, however the response time can be extended to another 4 months ( 6 months total) by submitting an extra time extension fee.