What happens if an amendment is inadvertently entered by technical support staff?

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.

If technical support staff inadvertently enters an amendment that should not have been entered, it has no legal effect. The MPEP 714.21 states:

If the technical support staff inadvertently enters an amendment when it should not have been entered, such entry is of no legal effect, and the same action is taken as if the changes had not been actually made, inasmuch as they have not been legally made.

In essence, the situation is treated as if the changes were never made, preserving the original state of the application.

Tags: Inadvertent Entry, legal effect, patent amendments, patent examination, Technical Support