Why This Topic?
This might seem like a strange topic, but I decided to include it because I recently saw a call come through from a 571 area code, and I got excited. Why? Because the 571 area code belongs to the U.S. Patent and Trademark Office.
When the Patent Office Calls
So why did that excite me? If there are major issues with your patent application, a patent examiner isn’t going to call you. They’re not going to say over the phone, “Your invention is obvious,” because that’s something they have to explain in writing. You also have to respond in writing. That kind of back-and-forth can’t be done over the phone.
But what an examiner will call you about is if your patent application is really close to being allowed, and there are just minor issues, like a typo in a claim. In that case, the examiner may call you and ask if they can make an examiner’s amendment. If you agree, they’ll make the fix themselves.
Why Examiner’s Amendments Are Helpful
This is much easier and faster for everyone involved. If you don’t allow the examiner to make the change, then they have to write it up—maybe spend half an hour doing that—and you have to formally respond, which could take another half hour. That’s a lot of wasted time if it’s something simple.
Real-Life Examples
On these phone calls, the examiner will tell you exactly what they want to change. They might say, “In claim 6, it looks like you forgot to put in the word ‘at’ between these two words,” or “In claim 7, it looks like you misspelled the word ‘any’ by writing ‘may’ instead.” These are real examples that I’ve received recently, and they’re what inspired me to do this episode.
Just today—about an hour ago—I got a call from an examiner asking if he could insert an Oxford comma between two words so he could send out a Notice of Allowance.
What to Do When You Get the Call
Before saying yes, pull up your application and take a look at what the examiner wants to change. If it looks good, just say yes. If you’re not at your computer, you can say, “Let me look it over later today, and I’ll call you back tomorrow.” Then you can give them your answer.
Now, maybe you don’t want to accept their amendment. Maybe they want to change a word you think is very important to your claim. In that case, you can say no, and the examiner will issue a formal Office Action instead. You’ll then have the opportunity to respond with your own amendments or legal arguments for why your original wording should stay.
My Experience with Examiner Amendments
Personally, I don’t think I’ve ever not accepted an examiner’s amendment. They’re usually really minor, and the faster you accept them, the faster you’ll get your Notice of Allowance and issued patent.
Beware of Scams
Now I want to make you aware of something very important: scammers know that the USPTO uses the 571 area code, so they spoof it to make it look like the Patent and Trademark Office is calling you.
They might say they’re from the USPTO and that you need to pay some extra fee over the phone. Don’t do it. No one from the USPTO will ever call you and ask for a payment over the phone.
Scammers usually don’t target applications that have attorneys of record, because attorneys know better. But it happens all the time to pro se applicants—especially trademark applicants—who filed on their own.
So, while I get excited about 571 area code calls, you should be a little cautious. When the examiner calls, they’ll tell you their name, your application number, and why they’re calling. A scammer is unlikely to fake being an examiner and say your application will be allowed if you approve an amendment and pay a fee over the phone—but I guess it could happen, and I hope I’m not giving any scammers ideas!
How to Verify the Call
If you’re unsure, go to your online patent application file, check the examiner’s name and phone number, and call them back using the number listed on the USPTO’s website. That way, you’ll know you’re speaking with a legitimate examiner.
Conclusion
So, that’s the basics of examiner’s amendments and why phone calls from the 571 area code can be exciting for your patent application. I hope you enjoyed the episode. Until next time, I’m Adam Diament—and keep on inventing.