How are examiner’s amendments handled in patent application allowance?

Examiner’s amendments play a crucial role in the patent application allowance process. Here’s how they are handled:

  • The examiner may make amendments to put the application in condition for allowance.
  • These amendments are made with the applicant’s approval, typically obtained through an interview.
  • The examiner’s amendment is included in the Notice of Allowability (Form PTOL-37).
  • A complete copy of the examiner’s amendment is attached to the Notice of Allowability.

MPEP 1302.04 states: “Where an examiner’s amendment is necessary to place the application in condition for allowance, see MPEP § 1302.04(a) and (b).” This process ensures that any final changes to the application are documented and agreed upon before allowance.

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Tags: examiner's amendments, form ptol-37, notice of allowability, patent application allowance