Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
You can always file a response to the USPTO's office action in which your invention has been found to be unpatentable for being similar to other patents. In your response you can either modify the claims or present arguments for patentability. You have 3 months from the date of the office action which can be extended for an additional 3 months by filing an extension and paying the appropriate surcharge. However, you must file your response within the maximum period of 6 months or your application will be deemed abandoned.
Answer Applies to: California