What is the significance of amendments under 37 CFR 1.312 in patent applications?

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.

Amendments under 37 CFR 1.312 are significant because they can trigger a Printer Rush in patent applications. These amendments are made after the Notice of Allowance has been issued but before the patent is granted. According to MPEP 1309.02:

“Issues which may prevent publication until they are resolved include but are not limited to: amendments under 37 CFR 1.312…”

Such amendments require careful review by the examiner to ensure they don’t introduce new matter or affect the scope of the allowed claims. If accepted, they may necessitate changes to the patent before publication, which is why they trigger a Printer Rush for immediate attention.

Tags: 37 cfr 1.312 amendments, patent examination, post-allowance, Printer Rush