Can I amend claims after a final rejection in a patent application?
Amending claims after a final rejection is not an absolute right. The MPEP states:
“It should be kept in mind that applicant cannot, as a matter of right, amend any finally rejected claims, add new claims after a final rejection (see 37 CFR 1.116) or reinstate previously canceled claims.”
However, amendments may be entered if they:
- Merely cancel claims
- Adopt examiner suggestions
- Remove issues for appeal
- Otherwise require only a cursory review by the examiner
In other cases, the applicant must provide a showing under 37 CFR 1.116(b)(3) to justify the entry of the amendment.
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