37 CFR § 1.115 — Preliminary amendments. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.115 Preliminary amendments.
This page consolidates MPEP guidance interpreting 37 CFR § 1.115, including 128 rules 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.
Summary
This section covers petitions and matters decided by Supervisory Patent Examiners regarding the disapproval of preliminary amendments under 37 CFR 1.115 or second (or subsequent) supplemental amendments.
What this section covers
- Defines the process for handling petitions and matters related to the disapproval of preliminary amendments by Supervisory Patent Examiners.
- Identifies the scope of guidance, including procedures for handling petitions and matters related to disapproval of preliminary amendments.
Key obligations
- Understand and comply with the procedures for handling petitions related to the disapproval of preliminary amendments.
- Provide clear and concise arguments in support of any petition.
- Adhere to the specific requirements and deadlines set forth in 37 CFR 1.115.
Practice notes
- Ensure that all arguments and evidence supporting the petition are clearly presented.
- Avoid submitting redundant or unnecessary information that could be seen as diluting the strength of the petition.
Official MPEP § 1.115 — Preliminary amendments.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.115 Preliminary amendments.
- (a) A preliminary amendment is an amendment that is
received in the Office (§
1.6
) on or
before the mail date of the first Office action under §
1.104
. The
patent application publication may include preliminary amendments
(§
1.215(a)
).
- (1) A preliminary amendment that is present on the filing date of an application is part of the original disclosure of the application.
- (2) A preliminary amendment filed after the filing date of the application is not part of the original disclosure of the application.
- (b) A preliminary amendment in compliance with §
1.121
will be
entered unless disapproved by the Director.
- (1) A preliminary amendment seeking cancellation of all the claims without presenting any new or substitute claims will be disapproved.
- (2) A preliminary amendment may be disapproved
if the preliminary amendment unduly interferes with the
preparation of a first Office action in an application.
Factors that will be considered in disapproving a preliminary
amendment include:
- (i) The state of preparation of a first Office action as of the date of receipt (§ 1.6 ) of the preliminary amendment by the Office; and
- (ii) The nature of any changes to the specification or claims that would result from entry of the preliminary amendment.
- (3) A preliminary amendment will not be disapproved under (b)(2) of this section if it is filed no later than:
- (4) The time periods specified in paragraph (b)(3) of this section are not extendable.
[46 FR 29183, May 29, 1981; removed and reserved, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; added, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (b)(1) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; revised, 69 FR 56481, Sept. 21, 2004, effective Sept. 21, 2004]
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