What is the USPTO’s recommendation regarding submitting preliminary amendments?

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

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.

The United States Patent and Trademark Office (USPTO) has a clear recommendation regarding the submission of preliminary amendments. According to MPEP 608.04(b):

Applicants are strongly encouraged to avoid submitting any preliminary amendments so as to minimize the burden on the Office in processing preliminary amendments and reduce delays in processing the application.

The USPTO advises applicants to incorporate desired amendments directly into the text of the specification rather than submitting separate preliminary amendments. This approach is recommended even for continuation or divisional applications of prior-filed applications. By following this guidance, applicants can help streamline the application process and potentially reduce processing times.

Topics: Patent Law Patent Procedure
Tags: Preliminary Amendments, Processing Efficiency, Uspto Recommendation