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The PTO first determines that all required parts of an application have been properly submitted. If so, the application is accorded a serial number and filing date and then sent to an examiner with relevant technological expertise. The examiner reviews the application and in due course notifies the applicant (or patent attorney or agent of record) of any action taken. In rare circumstances, this first "Office Action" states that the application will be allowed to issue as a patent. In most cases, however, the first Office Action rejects the application on the basis of lack of novelty, obviousness or noncompliance with other elements of the patent laws, rules and/or guidelines. At this point, the applicant (or the applicant's representative) may respond by stating any perceived errors in the examiner's action and/or amending the application to address the examiner's concerns.

After an Initial Rejection
The cycle of response and rebuttal between examiner and inventor may be repeated, or the examiner may make the rejection final. After a final rejection, the applicant may amend the application to comply with all the examiner's requests, or the applicant may submit an appeal to have the examiner's decision overturned. If the appeal is denied, the rejection remains final and the inventor will not receive a patent without pursuing further litigation. On the other hand, if the appeal is upheld or the examiner determines the application is now in acceptable condition, the application will be allowed to issue into a patent.

The review process may take several years. At some point during examination, it may be deemed that an application is in satisfactory condition. In such cases, a "Notice of Allowance" is sent to the applicant or the applicant's representative. Within three months of the mailing of the Notice of Allowance, an issue fee must be paid for the application to actually issue as a patent, or it will be considered to be abandoned.

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