Free guide · Examination limits

Playing Defense: What the USPTO Cannot Do in a Confusion Refusal

An examining attorney works inside rules on evidence, reasoning and review. Eleven of those limits, in plain language, and how to use each one in your Office Action response.

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Inside · Free guide · 8-page PDF

  • The 11 limits on what an examining attorney can do in a Section 2(d) refusal.
  • How to spot a refusal built on speculation or fragments of evidence.
  • Why the DuPont factors are weighed, not counted, and why each must be considered.
  • A quick-reference table matching each limit to what you see in your Office Action.
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