How are examiner’s amendments authorized and documented?

Examiner’s amendments require authorization from the applicant or their representative. The process is documented as follows:

1. The examiner obtains authorization during an interview with the applicant or their attorney/agent.
2. The examiner’s amendment must be signed by the primary examiner and entered into the file.
3. A copy of the amendment is sent to the applicant.
4. The examiner’s amendment should include specific form paragraphs, such as:

Form Paragraph 13.02: “An examiner’s amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee.“

Form Paragraph 13.02.01: “Authorization for this examiner’s amendment was given in an interview with [1] on [2].“

These form paragraphs, as mentioned in MPEP 1302.04, ensure proper documentation and provide the applicant with the opportunity to review and respond to the changes if necessary.

To learn more:

• examiner’s amendments
• authorization
• documentation
• USPTO