How does the USPTO handle expedited processing of amendments after final rejection?
The USPTO has established an expedited processing procedure for amendments and replies filed under 37 CFR 1.116 after final rejection. To use this procedure: For electronic filings (EFS-Web), describe the document as an “amendment after final rejection” For paper filings, mark the upper right portion of the amendment with “Reply under 37 CFR 1.116 —…
Read MoreCan I amend claims after a final rejection in a patent application?
Amending claims after a final rejection is not an absolute right. The MPEP states: “It should be kept in mind that applicant cannot, as a matter of right, amend any finally rejected claims, add new claims after a final rejection (see 37 CFR 1.116) or reinstate previously canceled claims.” However, amendments may be entered if…
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