What happens if an amendment is unsigned or improperly signed?

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.

An unsigned amendment or one not properly signed by a person having authority to prosecute the application is not entered into the application. The MPEP states: An unsigned amendment or one not properly signed by a person having authority to prosecute the application is not entered. (MPEP 714.01(a))

The examiner will notify the applicant of the status of the application and advise them to either furnish a properly signed duplicate amendment or ratify the amendment already filed. In applications not under final rejection, applicants are typically given a two-month time period to ratify the previously filed amendment, as per 37 CFR 1.135(c).

Tags: Improperly Signed Amendment, patent application, Unsigned Amendment, USPTO procedure