What 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…
Read MoreCan new claims be added after Notice of Allowance under 37 CFR 1.312?
Can new claims be added after Notice of Allowance under 37 CFR 1.312? Generally, adding new claims after Notice of Allowance is not recommended and is likely to be denied. The MPEP 714.16 states: Amendments touching the merits of the application… are treated in the same manner as amendments touching the merits after final rejection……
Read MoreWhat is the definition of an ‘allowed’ application?
An ‘allowed’ application is a nonprovisional patent application that has been examined and determined to meet all statutory requirements. The Manual of Patent Examining Procedure (MPEP) states: “An ‘allowed’ nonprovisional application or an application ‘in issue’ is one which has been examined and determined to meet all statutory requirements, and in which a notice of…
Read MoreWhat are the consequences of filing an IDS after the mailing of a notice of allowance?
What are the consequences of filing an IDS after the mailing of a notice of allowance? Filing an Information Disclosure Statement (IDS) after the mailing of a notice of allowance can have significant consequences: The application will be withdrawn from issue The IDS will be considered by the examiner If the examiner determines that the…
Read MoreWhat is an ‘allowed’ patent application?
An ‘allowed’ patent application is one that has been examined and determined to meet all statutory requirements. According to MPEP 203.04: An ‘allowed’ nonprovisional application or an application ‘in issue’ is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the…
Read MoreWhen is a title report prepared during the patent process?
A title report is typically prepared at specific stages of the patent process. The MPEP Section 320 states that “A title report is prepared when a new application is filed in order to notify the examiner of the assignment status of the application.” Additionally, title reports are prepared: When a Notice of Allowance is mailed…
Read More