How are supplemental amendments filed after a final Office action treated?

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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. Supplemental amendments filed after a final Office action are treated differently from those filed before final rejection. According to MPEP 714.03(a) : ‘Amendments filed after final rejection are governed by 37 CFR 1.116. […] Amendments after final are not entered as a matter of right. […] If the examiner denies entry of a supplemental amendment after final, the examiner should notify the applicant in the next Office communication.’ Key points to remember: Supplemental amendments after final are not automatically entered The examiner has discretion to enter or deny such amendments If denied, the examiner must notify the applicant in the next Office communication Applicants may need to file an RCE (Request for Continued Examination) to have the amendment considered Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Supplemental Amendment Not Entered As Right MPEP 714 Supplemental Amendment Not Entered As Right MPEP 714 Examiner Must Notify Applicant If Supplemental Reply Not Entered MPEP 714.03(a) Recommended Response to Final Office Action Required to Avoid Abandonment MPEP 714 After-Allowance Amendments Not Entered Automatically MPEP 714 Examiner Must Annotate Approved Supplemental Reply MPEP 714.03(a) Required Amendments Must Be Recorded But Not Entered MPEP 714 Prohibited Timely Reply Required for Supplemental Amendment MPEP 714 Canceled and Not Entered Claims Must Be Listed by Number Only MPEP 714 Required Examiner’s Amendment After Reply Period MPEP 714 Permitted Other Related FAQs 5 FAQs Collapse What are the criteria for entry of a supplemental amendment under MPEP 714.03(a)? What is the purpose of MPEP 714.03(a) regarding supplemental amendments? How does ...