Can 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 MoreWhat happens if an examiner discovers prior art after a notice of allowance?
If an examiner discovers prior art after a notice of allowance has been mailed, they may initiate a rejection process. According to MPEP 1308.01: “If the examiner discovers prior art after allowance that meets the requirements for rejections based on prior art, the examiner should first consider whether the reference(s) was cited in an Information…
Read MoreHow are drawing corrections handled during the Notice of Allowance process?
Drawing corrections are an important aspect of the Notice of Allowance process. The MPEP 1303 provides specific guidance on how these corrections are handled: “If drawings are required in the application, the examiner should indicate if the formal drawings are acceptable or if corrected drawings are required.” The process for handling drawing corrections includes: The…
Read MoreCan a previously paid issue fee be applied to a new Notice of Allowance?
Yes, a previously paid issue fee can be applied to a new Notice of Allowance under certain circumstances. According to MPEP 1308.01: “If allowed, upon receipt of a new Notice of Allowance, applicant may request that the previously submitted issue fee be applied (the Notice of Allowance will reflect an issue fee amount that is…
Read MoreWhat types of amendments can an examiner permit after the Notice of Allowance?
After the Notice of Allowance is mailed, an examiner can still permit certain limited amendments under 37 CFR 1.312. According to MPEP 1305: “The examiner may permit amendments under 37 CFR 1.312 which are confined to matters of form in the specification or claims, or to the cancellation of a claim or claims.” These amendments…
Read MoreAre 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…
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