What is an Examiner’s Amendment in patent prosecution?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

What is an Examiner’s Amendment in patent prosecution?

An Examiner’s Amendment is a formal amendment to a patent application made by the examiner with the applicant’s authorization. According to MPEP 1004, “Primary Examiners have the authority to grant Examiner’s Amendments.” This process allows for:

  • Minor corrections to the application
  • Clarification of claim language
  • Resolving issues that might otherwise require an additional office action

Examiner’s Amendments can expedite the patent prosecution process by addressing small issues without the need for a formal response from the applicant. However, they require the approval of a Primary Examiner to ensure accuracy and appropriateness.

Tags: Examiner's Amendment, patent prosecution, primary examiner, USPTO