Can a supplemental amendment be filed after a final Office action?
Can a supplemental amendment be filed after a final Office action?
Yes, a supplemental amendment can be filed after a final Office action, but its entry is not guaranteed. The MPEP 714.03(a) provides guidance on this:
“A supplemental amendment filed after a final action or after an appeal has been taken from a final rejection will not be entered unless approved by the examiner.”
When considering whether to enter a post-final supplemental amendment, examiners typically look for:
- Amendments that place the application in condition for allowance
- Amendments that do not raise new issues requiring further search or consideration
- Amendments that address objections or rejections in the final Office action
If the supplemental amendment doesn’t meet these criteria, the examiner may deny entry. Applicants should provide a clear explanation of why the amendment should be entered when filing after a final action.
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