What is the role of Supervisory Patent Examiners in handling amendments under 37 CFR 1.312?
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…
Read MoreHow are amendments under 37 CFR 1.312 handled if partially approved?
Amendments submitted under 37 CFR 1.312 (after allowance) that are partially approved and partially disapproved are handled as follows: According to MPEP 714.20: “An amendment under 37 CFR 1.312, which in part is approved and in other part disapproved, is entered only as to the approved part.” For more detailed information on handling amendments after…
Read MoreWhat types of amendments are typically entered after allowance without withdrawal?
What types of amendments are typically entered after allowance without withdrawal? Certain types of amendments can be entered after allowance without withdrawing the application from issue. The MPEP 1303.01 provides examples: Amendments under 37 CFR 1.312 which do not affect the scope of the claims Amendments to the specification which do not affect the scope…
Read MoreWhat happens if an amendment is filed after a patent application has been allowed?
When an amendment is filed after a patent application has been allowed, the handling depends on the nature of the amendment: If the amendment is filed under 37 CFR 1.312, it will be processed according to the procedures outlined in MPEP § 714.15 to § 714.16(e). If the amendment contains claims copied from a patent…
Read MoreWhat types of amendments can an examiner permit after the Notice of Allowance?
After the Notice of Allowance is mailed, an examiner can still permit certain limited amendments under 37 CFR 1.312. According to MPEP 1305: “The examiner may permit amendments under 37 CFR 1.312 which are confined to matters of form in the specification or claims, or to the cancellation of a claim or claims.” These amendments…
Read MoreHow are amendments concerning formal matters handled under 37 CFR 1.312?
Amendments concerning formal matters under 37 CFR 1.312 are handled as follows: The examiner can approve entry without supervisory patent examiner submission The examiner writes ‘Enter’ on the amendment using the stamper tool in Adobe Acrobat A Response to Rule 312 Communication form PTO-271 is date stamped and mailed by the Technology Center The MPEP…
Read MoreHow are hand-delivered amendments under 37 CFR 1.312 handled?
Hand-delivered amendments under 37 CFR 1.312 are no longer accepted in the Technology Center (TC). They must be delivered to the Customer Window at the U.S. Patent and Trademark Office. The MPEP states: Hand delivered amendments under 37 CFR 1.312 are no longer accepted in the TC. Hand delivered amendments (unless specifically required by the…
Read MoreWhat is the general rule for entering amendments under 37 CFR 1.312?
The general rule is that an amendment cannot be entered in part and refused in part. However, there are exceptions to this rule. As stated in the MPEP, “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…
Read MoreWhat is form paragraph 7.86 used for in patent examination?
Form paragraph 7.86 is used by patent examiners to notify applicants about the partial entry of an amendment under 37 CFR 1.312. The MPEP provides the following template for this form paragraph: “The amendment filed on [1] under 37 CFR 1.312 has been entered-in-part. [2]” In this template, [1] represents the date the amendment was…
Read MoreAre additional fees required for partial entry of amendments under 37 CFR 1.312?
When considering partial entry of amendments under 37 CFR 1.312, the MPEP advises caution regarding fees. Specifically, it states: “Entry in part is not recommended unless the full additional fee required, if any, accompanies the amendment.” This means that if there are any additional fees associated with the amendment, the full amount should be paid…
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