How does the USPTO handle amendments that require additional searching after allowance?
How does the USPTO handle amendments that require additional searching after allowance?
When an amendment after allowance requires additional searching, the USPTO typically withdraws the application from issue. The MPEP 1303.01 provides guidance on this:
“Where an amendment requires further searching and consideration by the examiner, the amendment will be treated as an after final amendment even if the application has been allowed.”
This means that if the amendment introduces new limitations or substantially changes the scope of the claims, necessitating additional search and consideration, the examiner will:
- Withdraw the application from issue
- Treat the amendment as an after-final amendment
- Conduct the necessary search and consideration
- Issue a new Office action if required
The applicant may need to file a Request for Continued Examination (RCE) under 37 CFR 1.114 to have such amendments entered and considered. For more information, see MPEP 1303.01 and MPEP 706.07(h) on RCE practice.
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