What 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…

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What is the examiner’s role in reviewing amendments under 37 CFR 1.312?

The examiner’s role in reviewing amendments under 37 CFR 1.312 includes: Promptly considering the amendment Indicating whether entry is recommended by annotating the amendment Ensuring compliance with 37 CFR 1.121 Forwarding recommendations to the supervisory patent examiner for certain types of amendments The MPEP states: The amendment is PROMPTLY considered by the examiner who indicates…

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What is the role of the Office of Data Management in handling amendments under 37 CFR 1.312?

The Office of Data Management plays a crucial role in handling amendments under 37 CFR 1.312, particularly when preparing a patent for issuance. Their responsibilities include: Discovering errors in text or drawings Identifying inconsistencies between drawings and application papers Requiring appropriate amendments to the specification or drawings Having the authority to waive the requirement of…

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What happens if an amendment under 37 CFR 1.312 adds claims exceeding the previously paid number?

If an amendment under 37 CFR 1.312 adds claims (both total and independent) that exceed the number previously paid for, additional fees are required. The MPEP 714.16(c) states: “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 that…

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