Under what circumstances will an application not be withdrawn from issue for an amendment entry?
An application will not be withdrawn from issue for the entry of an amendment in certain circumstances. The MPEP specifies: “The application will not be withdrawn from issue for the entry of an amendment that would reopen the prosecution if the Office action next preceding the notice of allowance closed the application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…
Read MoreWhen 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…
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