Can an examiner’s amendment be made after the Notice of Allowance?

Can an examiner’s amendment be made after the Notice of Allowance?

Yes, an examiner’s amendment can be made after the Notice of Allowance. The MPEP provides guidance on this:

“An examiner’s amendment may be used to make corrections of the type noted in subsection I above.”

This means that minor corrections, such as those related to formal matters or obvious errors, can be made through an examiner’s amendment even after the Notice of Allowance has been issued. However, the examiner must obtain approval from their supervisor for such amendments. For more information, see MPEP 1303.01.

It’s important to note that substantial changes to the claims or specification would typically require reopening prosecution rather than using an examiner’s amendment at this stage.

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Tags: Examiner's Amendment, notice of allowance, patent prosecution