What types of amendments are typically denied entry in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
According to MPEP 714.19, several types of amendments are ordinarily denied entry in patent applications. Some key examples include:
- Amendments presenting unpatentable claims or raising new issues in applications with closed prosecution
- Substitute specifications that don’t comply with 37 CFR 1.125
- Unsigned or improperly signed amendments
- Amendments filed after the expiration of the statutory period for reply
- Amendments canceling all claims without presenting substitutes
The MPEP states: “The following types of amendments are ordinarily denied entry:” and provides an extensive list from (A) to (Q). It’s important to note that while these amendments are typically denied, “a subsequent showing by applicant may lead to entry of the amendment.”