Are there any exceptions where a late amendment might be entered by the USPTO?

While the general rule is that late amendments are not entered, there are some exceptions where the USPTO might consider a late amendment:

• Accompanied by a petition to revive: If the amendment is filed with a successful petition to revive an abandoned application, it may be entered.
• Part of an RCE: If the amendment is submitted with a proper Request for Continued Examination, it will be considered.
• Examiner’s Amendment: In rare cases, an examiner might make a late amendment as an Examiner’s Amendment if it would place the application in condition for allowance.
• Correction of obvious errors: Minor amendments to correct obvious errors might be entered at the examiner’s discretion.

The MPEP 714.17 primarily focuses on the general rule:

An amendment filed after the expiration of the statutory period for reply to an Office action cannot be entered.

However, these exceptions exist to provide flexibility in certain situations.

To learn more:

• late amendment exceptions
• USPTO procedures
• patent examination flexibility