What happens if an amendment is filed after a patent application has been allowed?
When an amendment is filed after a patent application has been allowed, the handling depends on the nature of the amendment:
- If the amendment is filed under 37 CFR 1.312, it will be processed according to the procedures outlined in MPEP § 714.15 to § 714.16(e).
- If the amendment contains claims copied from a patent to provoke an interference, it will be handled as described in MPEP Chapter 2300.
- Any replacement drawings submitted after allowance should be forwarded to the Office of Data Management.
As stated in MPEP 1303.01: “Any paper filed after receiving the Issue Notification should include the indicated patent number, unless the application has been withdrawn from issue.” This ensures proper processing of the amendment.
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