Are there additional fees for amendments after notice of allowance?
Yes, there may be additional fees for amendments after notice of allowance, particularly if the amendment adds claims. According to MPEP 714.16(c): “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. The amendment is not considered by the examiner unless…
Read MoreCan extensions of time be granted after the Notice of Allowance?
Generally, extensions of time are not available after the Notice of Allowance has been issued. The MPEP clearly states: The statutory (nonextendable) time period for payment of the issue fee is 3 months from the date of the Notice of Allowance (35 U.S.C. 151). Furthermore, for any outstanding informalities at the time of allowance: Extensions…
Read MoreWhat is the process for expunging information submitted after a Notice of Allowance?
What is the process for expunging information submitted after a Notice of Allowance? The process for expunging information submitted after a Notice of Allowance is subject to specific conditions. According to MPEP 724.05: ‘Information submitted after allowance may be expunged if the requirements of 37 CFR 1.59 are met and the information is clearly unintentionally…
Read MoreWhat options does an examiner have if an amendment is approved for entry after a Notice of Allowance?
If an examiner approves an amendment for entry after a Notice of Allowance has been issued, they have two main options according to the MPEP: “If the amendment is approved for entry, the examiner may enter the amendment and provide a supplemental notice of allowance, or withdraw the application from issue and provide an Office…
Read MoreIs the entry of copied patent claims in an amendment under 37 CFR 1.312 automatically allowed?
No, the entry of copied patent claims in an amendment under 37 CFR 1.312 is not automatically allowed. MPEP 714.16(a) explicitly states: “The entry of the copied patent claims is not a matter of right.” This means that the USPTO has discretion in deciding whether to accept such amendments after the notice of allowance has…
Read MoreUnder what circumstances will an application not be withdrawn from issue for an amendment entry?
An application will not be withdrawn from issue for the entry of an amendment in certain circumstances. The MPEP specifies: “The application will not be withdrawn from issue for the entry of an amendment that would reopen the prosecution if the Office action next preceding the notice of allowance closed the application to further amendment.”…
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 MoreCan an amendment after notice of allowance be used for continued prosecution?
No, amendments after notice of allowance are not intended for continued prosecution of an application. The MPEP 714.16 clearly states: “37 CFR 1.312 was never intended to provide a way for the continued prosecution of an application after it has been passed for issue.” If an examiner recommends against entry of an amendment, they typically…
Read MoreCan an amendment filed before the Notice of Allowance but received after its mailing be approved for entry?
An amendment filed before the Notice of Allowance but received by the examiner after its mailing may not be approved for entry. The MPEP states: “If the amendment is filed in the Office prior to the mailing of the notice of allowance, but is received by the examiner after the mailing of the notice of…
Read MoreWhat 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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