MPEP § 714.16(e) — Amendments Under 37 CFR 1.312, Entry in Part (Annotated Rules)
§714.16(e) Amendments Under 37 CFR 1.312, Entry in Part
This page consolidates and annotates all enforceable requirements under MPEP § 714.16(e), including statutory authority, regulatory rules, examiner guidance, and practice notes. 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, Entry in Part
This section addresses Amendments Under 37 CFR 1.312, Entry in Part. Primary authority: 37 CFR 1.312 and 37 CFR 714.16(c). Contains: 1 requirement.
Key Rules
Fee Requirements
Entry in part is not recommended unless the full additional fee required, if any, accompanies the amendment. See MPEP § 607 and § 714.16(c).
Examiner Form Paragraphs
Examiner form paragraphs are standard language that you might see in an Office Action or communication from the USPTO. Examiners have latitude to change the form paragraphs, but you will often see this exact language.
The amendment filed on [1] under 37 CFR 1.312 has been entered-in-part. [2]
When an amendment under 37 CFR 1.312 is proposed containing plural changes, some of which may be acceptable and some not, the acceptable changes should be entered. An indication of which changes have and have not been entered with appropriate explanation should follow in bracket 2. The signature of the supervisory patent examiner is required.
Citations
| Primary topic | Citation |
|---|---|
| – | 37 CFR § 1.312 |
| Fee Requirements | 37 CFR § 714.16(c) |
| Fee Requirements | MPEP § 607 |
| – | Form Paragraph § 7.86 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 714.16(e) — Amendments Under 37 CFR 1.312, Entry in Part
Source: USPTO714.16(e) Amendments Under 37 CFR 1.312, Entry in Part [R-07.2022]
The general rule that an amendment cannot be entered in part and refused in part should not be relaxed, but when, under 37 CFR 1.312, an amendment, for example, is proposed containing a plurality of claims or amendments to claims, some of which may be entered and some not, the acceptable claims or amendments should be entered in the application. If necessary, the claims should be renumbered to run consecutively with the claims already in the case. The examiner should annotate the amendments by using the Strike-Out Line tool to cross out any refused claims or amendments.
The examiner should then submit a Response to Rule 312 Communication form PTO-271 recommending the entry of the acceptable portion of the amendment and the nonentry of the remaining portion together with their reasons therefor. The form PTO-271 must then be forwarded to the supervisory patent examiner for consideration, approval, and mailing. The claims entered should be indicated by number in this response. Applicant may also be notified by using form paragraph 7.86.
¶ 7.86 Amendment Under 37 CFR 1. 312 Entered in Part
The amendment filed on [1] under 37 CFR 1.312 has been entered-in-part. [2]
Examiner Note:
When an amendment under 37 CFR 1.312 is proposed containing plural changes, some of which may be acceptable and some not, the acceptable changes should be entered. An indication of which changes have and have not been entered with appropriate explanation should follow in bracket 2. The signature of the supervisory patent examiner is required.
Handling is similar to complete entry of a 37 CFR 1.312 amendment.
Entry in part is not recommended unless the full additional fee required, if any, accompanies the amendment. See MPEP § 607 and § 714.16(c).