Can a preliminary amendment be disapproved by the USPTO?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, a preliminary amendment can be disapproved by the USPTO under certain circumstances. According to 37 CFR 1.115(b) , A preliminary amendment may be disapproved if the preliminary amendment unduly interferes with the preparation of a first Office action in an application. The MPEP further explains that factors considered for disapproval include: The state of preparation of the first Office action when the amendment is received The nature of changes to the specification or claims resulting from the amendment Additionally, a preliminary amendment will be disapproved if it cancels all claims without presenting new or substitute claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner’s Changes to Claims Allowed MPEP 714 Examiner’s Changes to Claims Not Subject to Section Requirements MPEP 714 Required Changes to Sequence Listing Must Follow Specific Rules MPEP 714 Required Amendment May Include Canceled Claims MPEP 714 Permitted Explanations of Changes Must Be Presented in Amendments Section MPEP 714 Required Drawing Changes Must Be Approved by Examiner MPEP 714 Examiner Can Amend Claims Without Replacement MPEP 714 Authorization Required Within Last Office Action Time Period MPEP 714 Required Preliminary Amendment Filing Date Deficiency Notice MPEP 714 Application Examined Without Preliminary Amendment If Not Timely Responded To MPEP 714 Other Related FAQs 5 FAQs Collapse What happens if an amendment under 37 CFR 1.312 adds claims exceeding the previously paid number? What types of amendments under 37 CFR 1.312 require supervisory patent examiner approval? What does &#8216;acting in a representative capacity&#8217; mean in the context of patent applicat...