Where 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…
Read MoreWhat is the process for handling amendments under 37 CFR 1.312?
Amendments under 37 CFR 1.312 are handled as follows: Sent to the Office of Patent Application Processing (OPAP) for scanning and uploading into the IFW. OPAP messages the Office of Data Management, which reviews and forwards to the Technology Center (TC) that allowed the application. TC completes the action and messages the Office of Data…
Read MoreWhat is the procedure for handling amendments under 37 CFR 1.312 that include copied patent claims?
The procedure for handling amendments under 37 CFR 1.312 that include copied patent claims is outlined in MPEP Chapter 2300. According to MPEP 714.16(a), “See MPEP Chapter 2300 for the procedure to be followed when an amendment is received after notice of allowance which includes one or more claims copied or substantially copied from a…
Read MoreWhat happens to amendments filed under 37 CFR 1.312 with a motion under 37 CFR 41.208?
Amendments filed under 37 CFR 1.312 with a motion under 37 CFR 41.208 are subject to specific rules when they apply to an application in issue. According to MPEP 714.16(b), “Where an amendment filed with a motion under 37 CFR 41.208(c)(2) applies to an application in issue, the amendment is not entered unless and until…
Read MoreWhat is an amendment after notice of allowance?
An amendment after notice of allowance is a change made to a patent application after the USPTO has issued a notice of allowance but before the patent is granted. These amendments are governed by 37 CFR 1.312, which states: “No amendment may be made as a matter of right in an application after the mailing…
Read MoreWhen are amendments under 37 CFR 1.312 entered for applications in issue?
For applications in issue, amendments filed under 37 CFR 1.312 along with a motion under 37 CFR 41.208 are not immediately entered. MPEP 714.16(b) states: “Where an amendment filed with a motion under 37 CFR 41.208(c)(2) applies to an application in issue, the amendment is not entered unless and until the motion has been granted.”…
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