MPEP § 714.19 — List of Amendments, Entry Denied (Annotated Rules)
§714.19 List of Amendments, Entry Denied
USPTO MPEP version: BlueIron's Update: 2025-12-31
This page consolidates and annotates all enforceable requirements under MPEP § 714.19, 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.
List of Amendments, Entry Denied
This section addresses List of Amendments, Entry Denied. Contains: 4 prohibitions and 1 permission.
Key Rules
Topic
Director Authority and Petitions (MPEP 1000)
2 rules
Topic
Entry of Preliminary Amendment
1 rules
MPEP GuidanceProhibitedAlways
[mpep-714-19-7920c2233d6709a29eac7bae]
Types of Amendments Not Admitted to Entry
Note:
This rule outlines the types of amendments that are typically denied entry into a patent application.
The following types of amendments are ordinarily denied entry:
- (A) An amendment presenting an unpatentable claim, or a claim requiring a new search or otherwise raising a new issue in an application whose prosecution before the primary examiner has been closed, as where
- (1) All claims have been allowed,
- (2) All claims have been finally rejected (for exceptions see MPEP § 714.12, § 714.13, and § 714.20, item (D)),
- (3) Some claims have been allowed and the remainder finally rejected. See MPEP § 714.12 to § 714.14.
- (B) Substitute specification that does not comply with 37 CFR 1.125. See MPEP § 608.01(q) and § 714.20.
- (C) A patent claim suggested by the examiner and not presented within the time limit set or an extension thereof, unless entry is authorized by the Director. See MPEP Chapter 2300.
- (D) While copied patent claims are generally admitted even though the application is under final rejection or on appeal, under certain conditions, the claims may be refused entry. See MPEP Chapter 2300.
- (E) An unsigned or improperly signed amendment or one signed by a suspended or excluded attorney or agent.
- (F) An amendment filed in the U.S. Patent and Trademark Office after the expiration of the statutory period or set time period for reply and any extension thereof. See MPEP § 714.17.
- (G) An amendment so worded that it cannot be entered with certain accuracy. See MPEP § 714, subsection II.G.
- (H) An amendment canceling all of the claims and presenting no substitute claim or claims. See 37 CFR 1.115(b)(1), MPEP § 711.01 and § 714.01(e).
- (I) An amendment after a notice of allowance has been mailed in an application, with certain limited exceptions. See MPEP § 714.16.
- (J) Amendments to the drawing held by the examiner to contain new matter are not entered until the question of new matter is settled. This practice of nonentry because of alleged new matter, however, does not apply in the case of amendments to the specification and claims. See MPEP § 608.04 et seq.
- (K) An amendatory paper containing objectionable remarks that, in the opinion of the examiner, brings it within the condemnation of 37 CFR 1.3, will be submitted to the Deputy Commissioner for Patents who oversees the Office of Petitions. See MPEP § 714.25 and MPEP § 1002.02(b). If the Deputy Commissioner determines that the remarks are in violation of 37 CFR 1.3, they will notify the applicant of the non-entry of the paper.
- (L) Amendments that cannot be scanned or clearly reproduced. See MPEP § 714.07.
- (M) An amendment presenting claims (total and independent) in excess of the number previously paid for and not accompanied by the full fee for the claims or an authorization to charge the fee to a deposit account or credit card. See MPEP § 509 and § 607.
- (N) An amendment canceling all claims drawn to the elected invention and presenting only claims drawn to the nonelected invention should not be entered. Such an amendment is nonresponsive. Applicant should be notified as directed in MPEP § 714.03 and § 714.05. See MPEP § 821.03.
- (O) An amendment including changes to the specification/claims which is not in compliance with 37 CFR 1.121, e.g., one which does not include replacement paragraphs or claim listings. See MPEP § 714.
- (P) A preliminary amendment that unduly interferes with the preparation of a first Office action. Factors to be considered in denying entry of the preliminary amendment are set forth in 37 CFR 1.115(b). See MPEP § 714.01(e).
- (Q) A supplemental reply is not entered as a matter of right unless it is filed during a suspension period under 37 CFR 1.103(a) or (c). See 37 CFR 1.111(a)(2) and MPEP § 714.03(a).
Jump to MPEP SourceEntry of Preliminary AmendmentAmendment Entry PracticeEntry as Matter of Right
Topic
Extension Limits
1 rules
MPEP GuidanceProhibitedAlways
[mpep-714-19-a001d58866aae0c03c6f6527]
Examiner-Suggested Claim Not Presented On Time
Note:
A patent claim suggested by the examiner must be presented within the time limit set or an extension thereof, unless authorized by the Director.
The following types of amendments are ordinarily denied entry:
…
(C) A patent claim suggested by the examiner and not presented within the time limit set or an extension thereof, unless entry is authorized by the Director. See MPEP Chapter 2300.
Jump to MPEP SourceExtension LimitsExtension of Time (37 CFR 1.136)Period for Reply (37 CFR 1.134)
Topic
Ex Parte Appeals to PTAB
1 rules
MPEP GuidancePermittedAlways
[mpep-714-19-9f53010a29389fa8f299090d]
Copied Patent Claims May Be Refused Entry Under Certain Conditions
Note:
Patent claims copied from previous applications may be denied entry during final rejection or appeal if certain conditions are met.
The following types of amendments are ordinarily denied entry:
…
(D) While copied patent claims are generally admitted even though the application is under final rejection or on appeal, under certain conditions, the claims may be refused entry. See MPEP Chapter 2300.
Jump to MPEP SourceEx Parte Appeals to PTAB
Topic
Patent Term Expiration
1 rules
MPEP GuidanceProhibitedAlways
[mpep-714-19-7f7785dd4446cbdedaeea0bd]
Amendment Filing After Statutory Period Prohibited
Note:
An amendment filed in the U.S. Patent and Trademark Office after the statutory period for reply is denied entry.
The following types of amendments are ordinarily denied entry:
…
(F) An amendment filed in the U.S. Patent and Trademark Office after the expiration of the statutory period or set time period for reply and any extension thereof. See MPEP § 714.17.
Jump to MPEP SourcePatent Term ExpirationExtension of Time (37 CFR 1.136)Statutory Period Computation (37 CFR 1.134)
Topic
Amendments After Allowance
1 rules
MPEP GuidanceProhibitedAlways
[mpep-714-19-f092fa8f7f399e4f26a6456c]
Amendments After Notice of Allowance Prohibited
Note:
Ordinary amendments are denied after a notice of allowance is mailed, except for certain limited exceptions.
The following types of amendments are ordinarily denied entry:
…
(I) An amendment after a notice of allowance has been mailed in an application, with certain limited exceptions. See MPEP § 714.16.
Jump to MPEP SourceAmendments After AllowancePatent Issue and PublicationNotice of Allowance
Topic
Drawings
1 rules
MPEP GuidanceProhibitedAlways
[mpep-714-19-519329aff3039289618011d3]
Drawings Not Amended Until New Matter Resolved
Note:
Drawings cannot be amended until the examiner determines there is no new matter, but amendments to the specification and claims are allowed without this condition.
The following types of amendments are ordinarily denied entry:
…
(J) Amendments to the drawing held by the examiner to contain new matter are not entered until the question of new matter is settled.
Jump to MPEP SourcePatent Application Content
Topic
Patent Application Content
1 rules
MPEP GuidanceProhibitedAlways
[mpep-714-19-5c35fcc8240ee9392c5892ea]
Specification and Claim Amendments Not Denied Due to New Matter
Note:
This rule states that amendments to the specification and claims are not denied due to alleged new matter, unlike other types of amendments.
The following types of amendments are ordinarily denied entry:
…
This practice of nonentry because of alleged new matter, however, does not apply in the case of amendments to the specification and claims. See MPEP § 608.04 et seq.
Jump to MPEP SourcePatent Application Content
Topic
Claims
1 rules
MPEP GuidanceProhibitedAlways
[mpep-714-19-a51f34f3bb443cbe56be70f2]
Claims Must Comply with 37 CFR 1.121
Note:
An amendment to claims must include replacement paragraphs or claim listings as required by 37 CFR 1.121.
The following types of amendments are ordinarily denied entry:
…
(O) An amendment including changes to the specification/claims which is not in compliance with 37 CFR 1.121, e.g., one which does not include replacement paragraphs or claim listings. See MPEP § 714.
Jump to MPEP SourcePatent Application Content
Citations
| Primary topic | Citation |
|---|---|
| Entry of Preliminary Amendment | 35 U.S.C. § 607 |
| Entry of Preliminary Amendment | 37 CFR § 1.103(a) |
| Entry of Preliminary Amendment | 37 CFR § 1.111(a)(2) |
| Entry of Preliminary Amendment | 37 CFR § 1.115(b) |
| Entry of Preliminary Amendment | 37 CFR § 1.115(b)(1) |
| Claims Entry of Preliminary Amendment | 37 CFR § 1.121 |
| Entry of Preliminary Amendment | 37 CFR § 1.125 |
| Director Authority and Petitions (MPEP 1000) Entry of Preliminary Amendment | 37 CFR § 1.3 |
| Entry of Preliminary Amendment | 37 CFR § 714.01(e) |
| Entry of Preliminary Amendment | 37 CFR § 714.05 |
| Entry of Preliminary Amendment | 37 CFR § 714.13 |
| Entry of Preliminary Amendment | 37 CFR § 714.14 |
| Entry of Preliminary Amendment | 37 CFR § 714.20 |
| Director Authority and Petitions (MPEP 1000) Entry of Preliminary Amendment | MPEP § 1002.02(b) |
| Entry of Preliminary Amendment | MPEP § 509 |
| Entry of Preliminary Amendment | MPEP § 608.01(q) |
| Drawings Entry of Preliminary Amendment Patent Application Content | MPEP § 608.04 |
| Entry of Preliminary Amendment | MPEP § 711.01 |
| Claims Entry of Preliminary Amendment | MPEP § 714 |
| Entry of Preliminary Amendment | MPEP § 714.01(e) |
| Entry of Preliminary Amendment | MPEP § 714.03 |
| Entry of Preliminary Amendment | MPEP § 714.03(a) |
| Entry of Preliminary Amendment | MPEP § 714.07 |
| Entry of Preliminary Amendment | MPEP § 714.12 |
| Amendments After Allowance Entry of Preliminary Amendment | MPEP § 714.16 |
| Entry of Preliminary Amendment Patent Term Expiration | MPEP § 714.17 |
| Director Authority and Petitions (MPEP 1000) Entry of Preliminary Amendment | MPEP § 714.25 |
| Entry of Preliminary Amendment | MPEP § 821.03 |
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 § 714.19 — List of Amendments, Entry Denied
Source: USPTO714.19 List of Amendments, Entry Denied [R-07.2022]
The following types of amendments are ordinarily denied entry:
- (A) An amendment presenting an unpatentable claim, or a claim
requiring a new search or otherwise raising a new issue in an application whose
prosecution before the primary examiner has been closed, as where
- (1) All claims have been allowed,
- (2) All claims have been finally rejected (for exceptions see MPEP § 714.12, § 714.13, and § 714.20, item (D)),
- (3) Some claims have been allowed and the remainder finally rejected. See MPEP § 714.12 to § 714.14.
- (B) Substitute specification that does not comply with 37 CFR 1.125. See MPEP § 608.01(q) and § 714.20.
- (C) A patent claim suggested by the examiner and not presented within the time limit set or an extension thereof, unless entry is authorized by the Director. See MPEP Chapter 2300.
- (D) While copied patent claims are generally admitted even though the application is under final rejection or on appeal, under certain conditions, the claims may be refused entry. See MPEP Chapter 2300.
- (E) An unsigned or improperly signed amendment or one signed by a suspended or excluded attorney or agent.
- (F) An amendment filed in the U.S. Patent and Trademark Office after the expiration of the statutory period or set time period for reply and any extension thereof. See MPEP § 714.17.
- (G) An amendment so worded that it cannot be entered with certain accuracy. See MPEP § 714, subsection II.G.
- (H) An amendment canceling all of the claims and presenting no substitute claim or claims. See 37 CFR 1.115(b)(1), MPEP § 711.01 and § 714.01(e).
- (I) An amendment after a notice of allowance has been mailed in an application, with certain limited exceptions. See MPEP § 714.16.
- (J) Amendments to the drawing held by the examiner to contain new matter are not entered until the question of new matter is settled. This practice of nonentry because of alleged new matter, however, does not apply in the case of amendments to the specification and claims. See MPEP § 608.04et seq.
- (K) An amendatory paper containing objectionable remarks that, in the opinion of the examiner, brings it within the condemnation of 37 CFR 1.3, will be submitted to the Deputy Commissioner for Patents who oversees the Office of Petitions. See MPEP § 714.25 and MPEP § 1002.02(b). If the Deputy Commissioner determines that the remarks are in violation of 37 CFR 1.3, they will notify the applicant of the non-entry of the paper.
- (L) Amendments that cannot be scanned or clearly reproduced. See MPEP § 714.07.
- (M) An amendment presenting claims (total and independent) in excess of the number previously paid for and not accompanied by the full fee for the claims or an authorization to charge the fee to a deposit account or credit card. See MPEP § 509 and § 607.
- (N) An amendment canceling all claims drawn to the elected invention and presenting only claims drawn to the nonelected invention should not be entered. Such an amendment is nonresponsive. Applicant should be notified as directed in MPEP § 714.03 and § 714.05. See MPEP § 821.03.
- (O) An amendment including changes to the specification/claims which is not in compliance with 37 CFR 1.121, e.g., one which does not include replacement paragraphs or claim listings. See MPEP § 714.
- (P) A preliminary amendment that unduly interferes with the preparation of a first Office action. Factors to be considered in denying entry of the preliminary amendment are set forth in 37 CFR 1.115(b). See MPEP § 714.01(e).
- (Q) A supplemental reply is not entered as a matter of right unless it is filed during a suspension period under 37 CFR 1.103(a) or (c). See 37 CFR 1.111(a)(2) and MPEP § 714.03(a).
While amendments falling within any of the foregoing categories should not be entered by the examiner at the time of filing, a subsequent showing by applicant may lead to entry of the amendment.