Can examiners make changes to the specification without an examiner’s amendment?
Examiners are generally not permitted to make changes to the specification without an examiner’s amendment. The MPEP 1302.04 states:
“No examiner’s amendment may make substantive changes to the written portions of the specification, including the abstract, without first obtaining applicant’s approval.”
This restriction ensures that any significant changes to the specification are reviewed and approved by the applicant. However, there are a few exceptions where minor changes can be made without a formal examiner’s amendment:
- Correcting obvious typographical errors
- Renumbering pages or paragraphs
- Updating the application number or filing date in the first paragraph
For any substantive changes or additions to the specification, the examiner must obtain the applicant’s approval and document the changes through a proper examiner’s amendment.
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