When is a supplemental amendment considered to be entered as a matter of right?

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.

A supplemental amendment is entered as a matter of right under specific circumstances. According to MPEP 714.03(a):

“A supplemental amendment will be entered as a matter of right if it is filed within the period during which action by the Office is suspended under 37 CFR 1.103(a) or (c).”

This typically occurs when:

• The supplemental amendment is filed within a suspension period requested by the applicant.
• It’s filed in response to an examiner’s request for information under 37 CFR 1.105.
• It’s filed after a final Office action but before or with a Notice of Appeal.

In these cases, the supplemental amendment is automatically entered without requiring the examiner’s approval.