What is considered a ‘fully responsive’ patent amendment?
A fully responsive patent amendment is one that clearly points out the patentable novelty of the claims in view of the cited references or objections. According to MPEP 714.04: An amendment failing to point out the patentable novelty which the applicant believes the claims present in view of the state of the art disclosed by…
Read MoreCan a final rejection be issued after a non-responsive amendment?
Yes, a final rejection can be issued after a non-responsive amendment if the claims are clearly open to rejection on grounds of record. The MPEP 714.04 states: However, if the claims as amended are clearly open to rejection on grounds of record, a final rejection should generally be made. This means that even if an…
Read MoreWhat are the consequences of submitting a non-responsive patent amendment?
Submitting a non-responsive patent amendment can lead to delays in the examination process and potential abandonment of your application if not addressed promptly. According to MPEP 714.04: An amendment failing to point out the patentable novelty which the applicant believes the claims present in view of the state of the art disclosed by the references…
Read MoreWhat happens if I submit a patent amendment without pointing out the patentable novelty?
If you submit a patent amendment without pointing out the patentable novelty, your claims may not be allowed. The Manual of Patent Examining Procedure (MPEP) Section 714.04 states: In the consideration of claims in an amended case where no attempt is made to point out the patentable novelty, the claims should not be allowed. This…
Read More