What types of amendments can an examiner permit after the Notice of Allowance?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

After the Notice of Allowance is mailed, an examiner can still permit certain limited amendments under 37 CFR 1.312. According to MPEP 1305:

“The examiner may permit amendments under 37 CFR 1.312 which are confined to matters of form in the specification or claims, or to the cancellation of a claim or claims.”

These amendments are typically minor in nature and do not substantially affect the scope of the claims or the specification.

Tags: 37 CFR 1.312, Claim Cancellation, notice of allowance, patent amendments