What is an examiner’s amendment in patent application allowance?
An examiner’s amendment is a tool used during the patent application allowance process to make necessary changes to the application. According to MPEP 1302.04: “Where it is necessary to amend the application in order to place it in condition for allowance, the examiner may make amendments authorized by the applicant(s) by telephone or fax transmission…
Read MoreCan an examiner’s amendment be made after the Notice of Allowance?
Can an examiner’s amendment be made after the Notice of Allowance? Yes, an examiner’s amendment can be made after the Notice of Allowance. The MPEP provides guidance on this: “An examiner’s amendment may be used to make corrections of the type noted in subsection I above.” This means that minor corrections, such as those related…
Read MoreWhen can an examiner cancel non-elected claims in a patent application?
An examiner can cancel non-elected claims in a patent application under specific circumstances, as outlined in MPEP 821.02: When applicant has not retained the right to petition the restriction requirement and the application is otherwise ready for allowance, the claims to the nonelected invention, except for claims directed to nonelected species and nonelected inventions eligible…
Read MoreWhat happens if an erroneous citation is found in a patent application ready for issue?
When an erroneous citation is discovered in a patent application that is otherwise ready for issue, the examiner is required to take specific action. According to MPEP 1302.12: In any application, otherwise ready for issue, in which an erroneous citation has not been formally corrected in an official paper, the examiner is directed to correct…
Read MoreWhat happens when the Board affirms the examiner’s rejection but reverses rejections on dependent claims?
When the Board affirms a rejection against independent claims but reverses all rejections against dependent claims, the examiner has two options after the period for further appeal expires: Convert the dependent claims into independent form by examiner’s amendment, cancel all claims with affirmed rejections, and issue the application. Set a 2-month time limit for the…
Read MoreWhat is the procedure when claims stand allowed after a Board decision?
When claims stand allowed after a Board decision, the following procedure applies: The appellant is not required to file a reply. The examiner issues the application or ex parte reexamination certificate on the claims which stand allowed. The examiner may cancel rejected claims by examiner’s amendment. The MPEP states: The appellant is not required to…
Read MoreWhat is an examiner’s amendment in patent prosecution?
An examiner’s amendment is a type of amendment to a patent application that is made by the examiner, typically with the agreement of the applicant or their representative. This can be an efficient way to make minor changes that put the application in condition for allowance. According to MPEP 707: Any amendment agreed upon during…
Read MoreWhat is the process for correcting citation errors in applications ready for issue?
For patent applications that are otherwise ready for issue but contain citation errors, the USPTO has a specific process for correction. As stated in MPEP 707.05(g): In any application otherwise ready for issue, in which the erroneous citation has not been formally corrected in an official paper, the examiner is directed to correct the citation…
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