When can an examiner reject a previously allowed claim without SPE approval?
An examiner can reject a previously allowed claim without obtaining supervisory patent examiner (SPE) approval in one specific situation: According to MPEP 706.04: If the examiner discovers, at the time of signing the notice of allowance, or after the notice of allowance has been mailed, that the prior art or other evidence necessary to reject…
Read MoreHow are amendments after notice of allowance processed by the USPTO?
Amendments after notice of allowance are processed through several steps at the USPTO. According to MPEP 714.16(d): Amendments are sent to the Office of Patent Application Processing (OPAP) for scanning and uploading into the IFW. OPAP messages the Office of Data Management, which reviews the message. The message is forwarded to the Technology Center (TC)…
Read MoreWhen can amendments under 37 CFR 1.312 with copied patent claims be submitted?
Amendments under 37 CFR 1.312 with copied patent claims can be submitted after the notice of allowance has been issued but before the patent is granted. MPEP 714.16(a) specifies: “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…
Read MoreHow are supplemental replies treated when received after a Notice of Allowance?
Supplemental replies received after a Notice of Allowance are generally not approved for entry. The MPEP clarifies: “If the amendment is a supplemental reply filed when action is not suspended, such an amendment will not be approved for entry because supplemental replies are not entered as matter of right.” This is in accordance with 37…
Read MoreWhat are the requirements for amendments after notice of allowance under 37 CFR 1.312?
What are the requirements for amendments after notice of allowance under 37 CFR 1.312? Amendments after notice of allowance under 37 CFR 1.312 must meet specific requirements: They must be filed before or with payment of the issue fee They cannot affect the scope of the claims or require substantial additional examination They are typically…
Read MoreWhat is the purpose of amendments submitted after Notice of Allowance under 37 CFR 1.312?
What is the purpose of amendments submitted after Notice of Allowance under 37 CFR 1.312? Amendments submitted after Notice of Allowance under 37 CFR 1.312 serve specific purposes: To correct minor informalities or errors in the application To place the application in better form for printing or copying To cancel claims The MPEP states: Any…
Read MoreWhat happens to papers filed after the mailing of a Notice of Allowance in an IFW application?
What happens to papers filed after the mailing of a Notice of Allowance in an IFW application? For Image File Wrapper (IFW) applications, papers filed after the mailing of a Notice of Allowance are handled as follows: Papers are scanned into the IFW. The papers are forwarded to the Office of Data Management. As stated…
Read MoreWhat happens if an amendment under 37 CFR 1.312 is not entered?
What happens if an amendment under 37 CFR 1.312 is not entered? If an amendment submitted under 37 CFR 1.312 is not entered, the applicant has several options: File a petition to withdraw the application from issue File a continuing application to incorporate the desired changes Proceed with issuance of the patent without the amendment…
Read MoreCan an amendment after allowance introduce new matter under 37 CFR 1.312?
Can an amendment after allowance introduce new matter under 37 CFR 1.312? No, amendments after allowance under 37 CFR 1.312 cannot introduce new matter. As stated in MPEP 714.16: ‘No amendment may introduce new matter into the disclosure of an application after the filing date of the application.’ This rule applies to all amendments, including…
Read MoreWhat types of changes can be made in an amendment after notice of allowance?
An amendment after notice of allowance can include various types of changes. According to MPEP 714.16, examples of amendments that must comply with 37 CFR 1.312 include: An amendment to the specification A change in the drawings An amendment to the claims A change in the inventorship The submission of prior art A request to…
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