Can an applicant request reconsideration after final rejection without amending claims?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. Yes, an applicant can request reconsideration after final rejection without amending claims. The MPEP 714.12 states: “An amendment after final rejection … may be made with or without request for reconsideration.” This means that an applicant can submit arguments for reconsideration without necessarily proposing amendments to the claims. Such a request might involve pointing out errors in the examiner’s reasoning or providing evidence to support the patentability of the claims as they stand. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendment After Final Action Must Comply With Specific Requirements MPEP 714.12 Required Amendments After Final Rejection MPEP 714.12 Affidavits May Be Filed After Final Rejection Before Appeal MPEP 714.12 Permitted Examiner’s Amendment After Reply Period MPEP 714 Permitted Amendments to Specification Must Follow Specific Methods MPEP 714 Required Amendments to Correct Specification Inaccuracies MPEP 714 Required Each Section of an Amendment Must Begin on a Separate Sheet MPEP 714 Required Amendments to Specification Must Be Made by Adding, Deleting, or Replacing Paragraphs MPEP 714 Required Amendments to Specification Must Be Clear MPEP 714 Required Amendment Touching Merits Permitted After Final Action MPEP 714.12 Permitted Other Related FAQs 5 FAQs Collapse Can affidavits or evidence be submitted after a final rejection? What happens if an amendment after final rejection is not entered? Are personal interviews allowed after a final rejection? How does the USPTO handle prior art exceptions after final rejection? What is the purpose of an after-final consideration pilot program?