What is the purpose of amendments submitted after Notice of Allowance under 37 CFR 1.312?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Amendments submitted after Notice of Allowance under 37 CFR 1.312 serve specific purposes:

  • To correct minor informalities or errors in the application
  • To place the application in better form for printing or copying
  • To cancel claims

The MPEP states: Any amendment filed pursuant to 37 CFR 1.312 must be filed before or with the payment of the issue fee, and may be entered on the recommendation of the primary examiner, approved by the supervisory patent examiner, without withdrawing the application from issue. This means that such amendments are typically for minor changes that don’t substantially affect the scope of the allowed claims.

Tags: 37 CFR 1.312, 37 Cfr 1312, notice of allowance, patent amendments, Post Allowance Procedure