Can examiners make changes to the specification 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. Examiners are generally not permitted to make changes to the specification without an examiner’s amendment. The MPEP 1302.04 states: “No examiner’s amendment may make substantive changes to the written portions of the specification, including the abstract, without first obtaining applicant’s approval.” This restriction ensures that any significant changes to the specification are reviewed and approved by the applicant. However, there are a few exceptions where minor changes can be made without a formal examiner’s amendment: Correcting obvious typographical errors Renumbering pages or paragraphs Updating the application number or filing date in the first paragraph For any substantive changes or additions to the specification, the examiner must obtain the applicant’s approval and document the changes through a proper examiner’s amendment. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Use Form Paragraph for Examiner’s Amendment MPEP 1302.04 Examiner’s Amendment Requires Applicant Approval for Specification Changes MPEP 1302.04 Permitted Examiner’s Amendment May Charge Deposit Accounts or Credit Cards Under Special Conditions MPEP 1302.04 Permitted Examiner’s Amendment for Abstract Changes at Allowance MPEP 1302.04 Required Examiner Must Not Add Parent Reference Without Applicant’s Approval MPEP 1302.04 Recommended Examiner’s Amendments Required for Image File Wrapper Applications MPEP 1302.04 Permitted Examiner’s Amendment Required for Image File Wrapper Applications MPEP 1302.04 Required Examiner’s Amendment for Abstract After Allowance MPEP 1302.04 Examiner’s Amendments Require Director Approval MPEP 1302.04 Permitted Examiner’s Amendment Requires Form Paragrap...