Can an amendment be entered after a final rejection in a patent application?
Generally, amendments after a final rejection are not entered as a matter of right. However, there are exceptions as noted in MPEP 714.19:
“An amendment presenting an unpatentable claim, or a claim requiring a new search or otherwise raising a new issue in an application whose prosecution before the primary examiner has been closed, as where […] All claims have been finally rejected (for exceptions see MPEP § 714.12, § 714.13, and § 714.20, item (D)).”
This means that while most amendments after final rejection are denied entry, there are specific situations outlined in MPEP sections 714.12, 714.13, and 714.20 where such amendments may be considered. These typically include amendments that do not require further search or consideration, or those that place the application in condition for allowance.
To learn more:
To learn more: