How does an examiner respond to a non-compliant amendment under 37 CFR 1.57(b)?

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.

When an examiner encounters a non-compliant amendment under 37 CFR 1.57(b), they follow a specific procedure outlined in the MPEP:

1. They use a form paragraph stating the non-compliance and the specific reason.
2. If the amendment introduces new matter, they follow up with additional form paragraphs (7.28 for specification/drawings, 7.31.01 for claims).
3. For after-final amendments, they issue an advisory action indicating that the amendment raises new issues due to non-compliance.

The MPEP notes, This form paragraph must be followed by form paragraph 7.28, where the amendment is made to the specification and/or drawings and introduces new matter into the disclosure, and/or form paragraph 7.31.01, where the amendment adds new matter to the claims or affects the claims.

For more information on 37 CFR 1.57(b), visit: 37 CFR 1.57(b).