Can an amendment canceling all claims in a patent application be entered?
No, an amendment that cancels all claims in a patent application without presenting any substitute claims is generally not entered. This is explicitly stated in MPEP 714.19: “An amendment canceling all of the claims and presenting no substitute claim or claims. See 37 CFR 1.115(b)(1), MPEP § 711.01 and § 714.01(e).” This policy is in…
Read MoreWhat happens after an amendment is entered into the application?
After an amendment is entered into the application, it is considered ‘up for action.’ According to MPEP 714.18: “After entry of the amendment the application is ‘up for action.’ It is forwarded to the examiner, and he or she is responsible for its proper disposal.” The examiner then inspects the amendment as outlined in MPEP…
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