Can a preliminary amendment be disapproved by the USPTO?
Yes, a preliminary amendment can be disapproved by the USPTO under certain circumstances. According to 37 CFR 1.115(b), A preliminary amendment may be disapproved if the preliminary amendment unduly interferes with the preparation of a first Office action in an application.
The MPEP further explains that factors considered for disapproval include:
- The state of preparation of the first Office action when the amendment is received
- The nature of changes to the specification or claims resulting from the amendment
Additionally, a preliminary amendment will be disapproved if it cancels all claims without presenting new or substitute claims.
To learn more: