Can a supplemental amendment be filed after a final Office action?

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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, a supplemental amendment can be filed after a final Office action, but its entry is not guaranteed. The MPEP 714.03(a) provides guidance on this: “A supplemental amendment filed after a final action or after an appeal has been taken from a final rejection will not be entered unless approved by the examiner.” When considering whether to enter a post-final supplemental amendment, examiners typically look for: Amendments that place the application in condition for allowance Amendments that do not raise new issues requiring further search or consideration Amendments that address objections or rejections in the final Office action If the supplemental amendment doesn’t meet these criteria, the examiner may deny entry. Applicants should provide a clear explanation of why the amendment should be entered when filing after a final action. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Response to Final Office Action Required to Avoid Abandonment MPEP 714 Supplemental Amendment Not Entered As Right MPEP 714 Supplemental Amendment Not Entered As Right MPEP 714 Drawing Changes Must Be Approved by Examiner MPEP 714 Claims Must Be Rewritten Entirely On Amendment MPEP 714 Required Examiner May Enter Non-Compliant Amendment with Corrected Status Identifiers MPEP 714 Permitted Authorization Required Within Last Office Action Time Period MPEP 714 Required Timely Reply Required for Supplemental Amendment MPEP 714 Office Action Responsive to Compliance Reply and Supplemental Reply MPEP 714.03(a) Supplemental Reply Must Be Entered Outside Suspension Period MPEP 714.03(a) Required Other Related FAQs 5 FAQs Collapse What are the criteria for entry of a supplemental amendment unde...