What types of amendments are typically entered after allowance without withdrawal?

What types of amendments are typically entered after allowance without withdrawal?

Certain types of amendments can be entered after allowance without withdrawing the application from issue. The MPEP 1303.01 provides examples:

  • Amendments under 37 CFR 1.312 which do not affect the scope of the claims
  • Amendments to the specification which do not affect the scope of the claims
  • Corrections of informalities (grammatical, typographical, etc.)
  • Cancellation of claims
  • Incorporation of drawings

The MPEP states: “Where the amendment is filed in reply to a suggestion by the examiner, the amendment will be entered, if appropriate, without withdrawing the application from issue.”

However, it’s important to note that any amendment that affects the scope of the claims or requires substantial review by the examiner may necessitate withdrawing the application from issue. For more details, refer to MPEP 1303.01.

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Tags: 37 CFR 1.312, amendment after allowance, patent prosecution