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 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 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 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…
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