What are the time limits for filing a preliminary amendment?
While preliminary amendments can be filed at various times, there are specific time limits that affect how they are treated. According to the MPEP, Entry of a preliminary amendment will not be disapproved under 37 CFR 1.115(b)(2) if it is filed no later than: (A) 3 months from the filing date of the application under 37 CFR 1.53(b); (B) 3 months from the date the national stage is entered as set forth in 37 CFR 1.491 in an international application; (C) the filing date of a CPA under 37 CFR 1.53(d) in a design application; or (D) the last day of any suspension period requested by applicant under 37 CFR 1.103.
These time periods are not extendable. Preliminary amendments filed after these periods may be subject to disapproval if they unduly interfere with the preparation of the first Office action.
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