What is an examiner’s amendment in patent application allowance?
An examiner’s amendment is a tool used during the patent application allowance process to make necessary changes to the application. According to MPEP 1302.04:
“Where it is necessary to amend the application in order to place it in condition for allowance, the examiner may make amendments authorized by the applicant(s) by telephone or fax transmission and record the authorization in the file. Such amendments should be effected by an examiner’s amendment and should be a separate paper.”
Key points about examiner’s amendments include:
- They are used to make necessary changes to put the application in condition for allowance
- Amendments must be authorized by the applicant
- Authorization can be obtained via telephone or fax
- The amendment should be recorded as a separate paper in the file
- They can address issues like claim language, specification corrections, or drawing changes
Examiner’s amendments streamline the allowance process by allowing minor changes without requiring a full office action response from the applicant.
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