How does a preliminary amendment affect the patent application publication?

Preliminary amendments can affect the patent application publication, but their inclusion is not guaranteed. The MPEP advises, Filing a preliminary amendment is not recommended because the changes made by the preliminary amendment may not be reflected in the patent application publication even if the preliminary amendment is referred to in an oath or declaration. It…

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How does the USPTO treat preliminary amendments filed on or after September 21, 2004?

For patent applications filed on or after September 21, 2004, the United States Patent and Trademark Office (USPTO) has a specific policy regarding preliminary amendments. According to MPEP 608.04(b): For applications filed on or after September 21, 2004, the Office will automatically treat any preliminary amendment under 37 CFR 1.115(a)(1) that is present on the…

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