What is the difference between a supplemental amendment and a preliminary amendment?

Question

Accepted Answer

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. A supplemental amendment is filed after an initial reply to an Office action, while a preliminary amendment is filed before the first Office action. The MPEP 714.03(a) states: “A supplemental amendment is an amendment filed after a reply has been entered to an Office action.” In contrast, a preliminary amendment is typically filed with or before the application’s initial examination. Supplemental amendments are subject to different rules and considerations, as they can potentially delay prosecution if not properly handled. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Supplemental Amendment Not Entered As Right MPEP 714 Office Action Responsive to Compliance Reply and Supplemental Reply MPEP 714.03(a) Supplemental Amendment Not Entered As Right MPEP 714 Each Section of an Amendment Must Begin on a Separate Sheet MPEP 714 Required Authorization Required Within Last Office Action Time Period MPEP 714 Required Preliminary Amendment Filing Date Deficiency Notice MPEP 714 Application Examined Without Preliminary Amendment If Not Timely Responded To MPEP 714 Preliminary Amendment Filing Date Deficiency Notice MPEP 714 Response to Final Office Action Required to Avoid Abandonment MPEP 714 Two-Month Reply Period for Supplemental Amendments During Suspension MPEP 714 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 MPEP 714.03(a) address supplemental amendments that raise new issues? What is the timeframe for filing supplemental amendments under MPEP 714.03(a)? How does the USPTO handle multiple supplemental amendments fi...