When can an examiner make changes to a patent application without an examiner’s amendment?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. There are specific circumstances where an examiner can make changes to a patent application without using an examiner’s amendment. According to MPEP 1302.04 , these exceptions include: Renumbering claims in accordance with 37 CFR 1.126 Correcting erroneous citations on an Information Disclosure Statement Correcting non-compliant amendments filed under 37 CFR 1.312 Canceling claims directed to a non-elected invention where the election was made without traverse Amending or canceling claims following a decision by the Patent Trial and Appeal Board These exceptions allow examiners to make certain minor changes efficiently without the need for a formal examiner’s amendment process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Can Correct Non-Compliant Amendments MPEP 1302.04 Permitted Use Form Paragraph for Examiner’s Amendment MPEP 1302.04 Examiner’s Amendment Permitted With Applicant Authorization MPEP 1302.04 Permitted Examiner’s Amendment Entered Regularly MPEP 1302.04 Examiner’s Amendment Required for Image File Wrapper Applications MPEP 1302.04 Required Examiner’s Amendment Requires Form Paragraphs MPEP 1302.04 Recommended Extension of Time for Examiner’s Amendment Required MPEP 1302.04 Required Examiner Can Amend Claims with Applicant's Consent MPEP 1302.04 Permitted Examiner’s Amendment from Facsimile or Email MPEP 1302.04 Permitted Examiner’s Amendment from Fax or Email MPEP 1302.04 Recommended Other Related FAQs 5 FAQs Collapse How are charges against deposit accounts handled in examiner&#8217;s amendments? Can an examiner change the title of an invention without applicant&#8217;s authorization? What types of changes can an examiner make to an ...