MPEP § 714.16(d) — Amendments Under 37 CFR 1.312, Handling (Annotated Rules)

§714.16(d) Amendments Under 37 CFR 1.312, Handling

USPTO MPEP version: BlueIron's Update: 2026-01-17

This page consolidates and annotates all enforceable requirements under MPEP § 714.16(d), 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, Handling

This section addresses Amendments Under 37 CFR 1.312, Handling. Primary authority: 37 CFR 1.312 and 37 CFR 1.121. Contains: 1 requirement, 4 permissions, and 5 other statements.

Key Rules

Topic

Signature Requirements

6 rules
StatutoryInformativeAlways
[mpep-714-16-d-2710bafd594fd142707d03d3]
Primary Examiner's Recommendation Required for Claim Changes
Note:
The primary examiner must stamp and sign the PTO-271 form to recommend claim changes, which is then forwarded for supervisory approval.

Whenever an amendment under 37 CFR 1.312 affects the disclosure of the specification, adds claims, or changes the scope of any claim, the recommendation of the examiner must be forwarded to the supervisory patent examiner for consideration and approval. If the amendment is favorably considered, it is entered and a Response to Rule 312 Communication (PTO-271) is prepared. The primary examiner indicates their recommendation by stamping and signing their name on the PTO-271, which will be forwarded to the supervisory patent examiner for consideration and approval. Form paragraph 7.85 may also be used to indicate entry.

Jump to MPEP Source · 37 CFR 1.312Signature RequirementsPatent Application Content
StatutoryInformativeAlways
[mpep-714-16-d-a4f466a4850dfd010b822504]
Examiner Note for Non-Entry of Amendment Under 37 CFR 1.312
Note:
This paragraph requires the signature of the supervisory patent examiner to indicate that an amendment under 37 CFR 1.312 will not be entered.

1. Use this form paragraph to indicate that an amendment under 37 CFR 1.312 will not be entered. The signature of the supervisory patent examiner is required.

37 CFR 1.77 · 37 CFR 1.312Signature Requirements
StatutoryRequiredAlways
[mpep-714-16-d-fa0f4839461088e80309967d]
Signature of Supervisory Patent Examiner Required for Amendments Under 37 CFR 1.312 Not Entered
Note:
The requirement mandates that the supervisory patent examiner's signature is necessary before an amendment under 37 CFR 1.312 can be considered and entered.

1. Use this form paragraph to indicate that an amendment under 37 CFR 1.312 will not be entered. The signature of the supervisory patent examiner is required.

37 CFR 1.77 · 37 CFR 1.312Signature Requirements
StatutoryInformativeAlways
[mpep-714-16-d-9886f21c27e206f614e12100]
Approval of Formal Amendments by Examiner
Note:
Examiner can approve amendments concerning merely formal matters without supervisory signature, but disapproved amendments require supervisor's signature.

The examiner indicates approval of amendments concerning merely formal matters by writing “Enter” thereon with the stamper tool in Adobe Acrobat. Such amendments do not require submission to the supervisory patent examiner prior to entry. See MPEP § 714.16. The Response to Rule 312 Communication form PTO-271 is date stamped and mailed by the TC. Whereas the examiner may approve the entry of amendments concerning merely formal matters without the signature of a supervisory patent examiner, if such amendments are disapproved either in whole or in part, they require the signature of the supervisory patent examiner.

Jump to MPEP SourceSignature Requirements
StatutoryInformativeAlways
[mpep-714-16-d-6c3470d1e9196c0d7ab5b0c5]
Supervisory Examiner Signature Required for Disapproved Amendments
Note:
If amendments are disapproved, they must have the supervisory examiner's signature.

The examiner indicates approval of amendments concerning merely formal matters by writing “Enter” thereon with the stamper tool in Adobe Acrobat. Such amendments do not require submission to the supervisory patent examiner prior to entry. See MPEP § 714.16. The Response to Rule 312 Communication form PTO-271 is date stamped and mailed by the TC. Whereas the examiner may approve the entry of amendments concerning merely formal matters without the signature of a supervisory patent examiner, if such amendments are disapproved either in whole or in part, they require the signature of the supervisory patent examiner.

Jump to MPEP SourceSignature Requirements
StatutoryPermittedAlways
[mpep-714-16-d-18771b08034546b08d37f6f4]
Supervisory Examiner Signature Required for Disapproved Amendments
Note:
If examiner disapproves formal amendments, supervisory patent examiner’s signature is required.

The examiner indicates approval of amendments concerning merely formal matters by writing “Enter” thereon with the stamper tool in Adobe Acrobat. Such amendments do not require submission to the supervisory patent examiner prior to entry. See MPEP § 714.16. The Response to Rule 312 Communication form PTO-271 is date stamped and mailed by the TC. Whereas the examiner may approve the entry of amendments concerning merely formal matters without the signature of a supervisory patent examiner, if such amendments are disapproved either in whole or in part, they require the signature of the supervisory patent examiner.

Jump to MPEP SourceSignature Requirements
Topic

Claims

3 rules
StatutoryRequiredAlways
[mpep-714-16-d-fbe00e1b476a9597ddebb2a9]
Examiner Recommendation for Claim Changes
Note:
When an amendment affects the specification, adds claims, or changes claim scope, the examiner's recommendation must be forwarded to a supervisory examiner for approval.

Whenever an amendment under 37 CFR 1.312 affects the disclosure of the specification, adds claims, or changes the scope of any claim, the recommendation of the examiner must be forwarded to the supervisory patent examiner for consideration and approval. If the amendment is favorably considered, it is entered and a Response to Rule 312 Communication (PTO-271) is prepared. The primary examiner indicates their recommendation by stamping and signing their name on the PTO-271, which will be forwarded to the supervisory patent examiner for consideration and approval. Form paragraph 7.85 may also be used to indicate entry.

Jump to MPEP Source · 37 CFR 1.312Patent Application ContentSignature Requirements
StatutoryInformativeAlways
[mpep-714-16-d-f33a5b97d6aee12630d5640e]
Favorable Amendment Entry and PTO-271 Preparation
Note:
If an amendment is favorably considered, it is entered into the application and a Response to Rule 312 Communication (PTO-271) is prepared.

Whenever an amendment under 37 CFR 1.312 affects the disclosure of the specification, adds claims, or changes the scope of any claim, the recommendation of the examiner must be forwarded to the supervisory patent examiner for consideration and approval. If the amendment is favorably considered, it is entered and a Response to Rule 312 Communication (PTO-271) is prepared. The primary examiner indicates their recommendation by stamping and signing their name on the PTO-271, which will be forwarded to the supervisory patent examiner for consideration and approval. Form paragraph 7.85 may also be used to indicate entry.

Jump to MPEP Source · 37 CFR 1.312Patent Application ContentSignature Requirements
StatutoryPermittedAlways
[mpep-714-16-d-c68cf91c20f9ab9360979599]
Form Paragraph 7.85 for Entry
Note:
Use Form Paragraph 7.85 to indicate entry when an amendment under 37 CFR 1.312 affects the specification, adds claims, or changes claim scope.

Whenever an amendment under 37 CFR 1.312 affects the disclosure of the specification, adds claims, or changes the scope of any claim, the recommendation of the examiner must be forwarded to the supervisory patent examiner for consideration and approval. If the amendment is favorably considered, it is entered and a Response to Rule 312 Communication (PTO-271) is prepared. The primary examiner indicates their recommendation by stamping and signing their name on the PTO-271, which will be forwarded to the supervisory patent examiner for consideration and approval. Form paragraph 7.85 may also be used to indicate entry.

Jump to MPEP Source · 37 CFR 1.312Patent Application ContentSignature Requirements
Topic

Secrecy Orders

2 rules
StatutoryInformativeAlways
[mpep-714-16-d-cb5d48ef837b3a8a5226080c]
Amendments Transferred to New TC After Allowance
Note:
If the application class and subclass are transferred, amendments and related documents must be sent to the new TC and Publishing Division notified.

In the event that the class and subclass in which the application is classified has been transferred to another TC after the application was allowed, the proposed amendment, file and drawing (if any) are transmitted directly to said other TC and the Publishing Division notified. If the examiner who allowed the application is still employed in the U.S. Patent and Trademark Office but not in said other TC, they may be consulted about the propriety of the proposed amendment and given credit for any time spent in giving it consideration.

Jump to MPEP SourceSecrecy Orders
StatutoryPermittedAlways
[mpep-714-16-d-1732a40f91a4ab4980d1cfd3]
Examiner Consultation for Proposed Amendments
Note:
If the original examiner is still employed but in a different TC, they may be consulted on proposed amendments and credited for time spent reviewing them.

In the event that the class and subclass in which the application is classified has been transferred to another TC after the application was allowed, the proposed amendment, file and drawing (if any) are transmitted directly to said other TC and the Publishing Division notified. If the examiner who allowed the application is still employed in the U.S. Patent and Trademark Office but not in said other TC, they may be consulted about the propriety of the proposed amendment and given credit for any time spent in giving it consideration.

Jump to MPEP SourceSecrecy Orders
Topic

Fee Requirements

1 rules
StatutoryInformativeAlways
[mpep-714-16-d-985de20d07737ae7294d4a96]
Additional Fees Required
Note:
The rule requires additional fees as specified in MPEP §§ 607 and 714.16(c).

See MPEP §§ 607 and 714.16(c) for additional fee requirements.

Jump to MPEP SourceFee Requirements
Topic

Grounds for Withdrawal Petition

1 rules
StatutoryPermittedAlways
[mpep-714-16-d-047d0c3fd5874eb39e81385a]
Office May Require Specification or Drawing Amendments
Note:
The Office of Data Management may require amendments to the specification or drawings if errors are found in a patent application, even after issue fee payment.

In preparation of a patent for issuance as a patent grant, if the Office of Data Management discovers an error in the text, or drawings of a patent application, including any missing text, or an inconsistency between the drawings and the application papers, the Office of Data Management may require an appropriate amendment to the specification or drawings. 37 CFR 1.312, however, does not permit an amendment after the payment of the issue fee without withdrawal of the application from issue. In order to be able to accept such an amendment as may be required without having to withdraw an application from issue, the Office of Data Management has been delegated the authority to waive the requirement of 37 CFR 1.312 and accept an amendment filed after the payment of the issue fee. If amendments required by the Office of Data Management are going to be hand-delivered, they may only be delivered to the Customer Service Window located at the address listed in MPEP § 501, subsection III.

Jump to MPEP Source · 37 CFR 1.312Grounds for Withdrawal PetitionWithdrawal by USPTO InitiativePatent Grant and Document Format
Topic

Issue Fees

1 rules
StatutoryInformativeAlways
[mpep-714-16-d-1284675dd314e0711125d556]
Amendment After Issue Fee Prohibited Without Withdrawal
Note:
An amendment to a patent application after the issue fee is paid cannot be made without withdrawing the application from issuance.

In preparation of a patent for issuance as a patent grant, if the Office of Data Management discovers an error in the text, or drawings of a patent application, including any missing text, or an inconsistency between the drawings and the application papers, the Office of Data Management may require an appropriate amendment to the specification or drawings. 37 CFR 1.312, however, does not permit an amendment after the payment of the issue fee without withdrawal of the application from issue. In order to be able to accept such an amendment as may be required without having to withdraw an application from issue, the Office of Data Management has been delegated the authority to waive the requirement of 37 CFR 1.312 and accept an amendment filed after the payment of the issue fee. If amendments required by the Office of Data Management are going to be hand-delivered, they may only be delivered to the Customer Service Window located at the address listed in MPEP § 501, subsection III.

Jump to MPEP Source · 37 CFR 1.312Issue FeesMaintenance Fee AmountsAmendments After Allowance
Topic

Petition to Withdraw from Issue

1 rules
StatutoryRequiredAlways
[mpep-714-16-d-3199649626ad430495d8d85c]
Office Can Waive Amendment Requirement After Issue Fee Payment
Note:
The Office of Data Management can waive the requirement to withdraw an application from issue and accept amendments filed after the payment of the issue fee if needed.

In preparation of a patent for issuance as a patent grant, if the Office of Data Management discovers an error in the text, or drawings of a patent application, including any missing text, or an inconsistency between the drawings and the application papers, the Office of Data Management may require an appropriate amendment to the specification or drawings. 37 CFR 1.312, however, does not permit an amendment after the payment of the issue fee without withdrawal of the application from issue. In order to be able to accept such an amendment as may be required without having to withdraw an application from issue, the Office of Data Management has been delegated the authority to waive the requirement of 37 CFR 1.312 and accept an amendment filed after the payment of the issue fee. If amendments required by the Office of Data Management are going to be hand-delivered, they may only be delivered to the Customer Service Window located at the address listed in MPEP § 501, subsection III.

Jump to MPEP Source · 37 CFR 1.312Petition to Withdraw from IssueWithdrawal by USPTO InitiativeIssue Fees
Topic

Withdrawal by USPTO Initiative

1 rules
StatutoryRequiredAlways
[mpep-714-16-d-f67297ecf6ab1c3a8d9119a2]
Amendments Must Be Hand-Delivered to Customer Service Window
Note:
If the Office of Data Management requires amendments, they must be hand-delivered to the Customer Service Window at the address specified in MPEP § 501, subsection III.

In preparation of a patent for issuance as a patent grant, if the Office of Data Management discovers an error in the text, or drawings of a patent application, including any missing text, or an inconsistency between the drawings and the application papers, the Office of Data Management may require an appropriate amendment to the specification or drawings. 37 CFR 1.312, however, does not permit an amendment after the payment of the issue fee without withdrawal of the application from issue. In order to be able to accept such an amendment as may be required without having to withdraw an application from issue, the Office of Data Management has been delegated the authority to waive the requirement of 37 CFR 1.312 and accept an amendment filed after the payment of the issue fee. If amendments required by the Office of Data Management are going to be hand-delivered, they may only be delivered to the Customer Service Window located at the address listed in MPEP § 501, subsection III.

Jump to MPEP Source · 37 CFR 1.312Withdrawal by USPTO InitiativeMaintenance Fee Due DatesGrounds for Withdrawal Petition

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.

¶ 7.85 ¶ 7.85 Amendment Under 37 CFR 1.312 Entered

The amendment filed on [1] under 37 CFR 1.312 has been entered.

Examiner Note

Use this form paragraph both for amendments under 37 CFR 1.312 that do not affect the scope of the claims (may be signed and approved by the primary examiner without forwarding to the supervisory patent examiner for approval) and for amendments being entered under 37 CFR 1.312 which do affect the scope of the claims (requires signature of the supervisory patent examiner). See MPEP § 714.16 .

¶ 7.87 ¶ 7.87 Amendment Under 37 CFR 1.312 Not Entered

Citations

Primary topicCitation
37 CFR § 1.121
Claims
Grounds for Withdrawal Petition
Issue Fees
Petition to Withdraw from Issue
Signature Requirements
Withdrawal by USPTO Initiative
37 CFR § 1.312
Grounds for Withdrawal Petition
Issue Fees
Petition to Withdraw from Issue
Withdrawal by USPTO Initiative
MPEP § 501
Fee RequirementsMPEP § 607
MPEP § 714
Signature RequirementsMPEP § 714.16
MPEP § 714.16(e)
Claims
Signature Requirements
Form Paragraph § 7.85
Form Paragraph § 7.87

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.

BlueIron Last Updated: 2026-01-17