What is the role of Supervisory Patent Examiners in handling amendments under 37 CFR 1.312?

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.

Supervisory Patent Examiners are responsible for deciding on the entry of amendments under 37 CFR 1.312 that involve more than just correcting formal matters without changing the scope of any claim. As stated in the MPEP:

“Entry of amendments under 37 CFR 1.312 which embody more than merely the correction of formal matters without changing the scope of any claim, MPEP §§ 714.16 and 714.16(d).”

This means that Supervisory Patent Examiners play a crucial role in determining whether substantial amendments can be entered after the Notice of Allowance has been issued.