T.M.E.P. § 708.01
Priority Action Defined
Executive summary:
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708.01 Priority Action Defined
A "priority action" is an Office action that is issued following a telephone interview, personal interview, or e-mail communication in which the examining attorney and the applicant or applicant's attorney discuss the various issues raised in an application, and the applicant agrees to take some action that will place the application in condition for publication or registration. The use of priority actions is encouraged to expedite examination.
A priority action should be issued according to the following procedure: (1) the examining attorney telephones or e-mails the applicant or applicant's attorney, and requests that the applicant take some specific action, explaining the reasons; (2) the applicant or applicant's attorney agrees to take the action; (3) the examining attorney prepares and signs a priority action indicating the requirements with which the applicant should comply; and (4) the Office sends a copy of the priority action to the applicant or applicant's attorney.
If an applicant responds within two months of the mailing date of the priority action, the examining attorney will expedite examination of the response. If the applicant does not respond within two months, the applicant must still file a proper response within six months of the mailing date of the priority action to avoid abandonment. 15 U.S.C. 1062(b).
A priority action is sometimes appropriate where there is a potential statutory refusal, if the examining attorney believes that an amendment or explanation will obviate the refusal. See TMEP §708.04.
See TMEP §708.03 regarding the form of a priority action.