How 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…
Read MoreWhere can I find information about fees for additional claims in a 37 CFR 1.312 amendment?
Information about fees for additional claims in a 37 CFR 1.312 amendment can be found in multiple sources. The MPEP 714.16(c) directs readers to specific resources: “See MPEP § 607 and 35 U.S.C. 41.” This means you should consult MPEP § 607 for detailed information on patent application fees, including those for additional claims. Additionally,…
Read MoreHow should an examiner handle partial entry of amendments under 37 CFR 1.312?
When an examiner decides to enter part of an amendment under 37 CFR 1.312, they should follow these steps: Enter the acceptable claims or amendments in the application Renumber the claims if necessary to maintain consecutive numbering Use the Strike-Out Line tool to cross out any refused claims or amendments Submit a Response to Rule…
Read MoreWhen will an examiner consider an amendment under 37 CFR 1.312 that adds claims?
An examiner will only consider an amendment under 37 CFR 1.312 that adds claims if it is accompanied by the full required fee. The MPEP 714.16(c) clearly states: “The amendment is not considered by the examiner unless accompanied by the full fee required.” This means that if you submit an amendment adding claims after allowance,…
Read MoreWhat happens if an amendment under 37 CFR 1.312 is not approved by the examiner?
What happens if an amendment under 37 CFR 1.312 is not approved by the examiner? If an amendment submitted under 37 CFR 1.312 is not approved by the examiner, it will not be entered into the application. According to MPEP 714.16: ‘If the amendment is disapproved by the examiner, the amendment shall be placed in…
Read MoreWhat types of claims are subject to additional fees in a 37 CFR 1.312 amendment?
In a 37 CFR 1.312 amendment, both total claims and independent claims are subject to additional fees if they exceed the number previously paid for. The MPEP 714.16(c) specifies: “If the amendment under 37 CFR 1.312 adds claims (total and independent) in excess of the number previously paid for, additional fees are required.” This means…
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