Can amendments be included in a patent application publication?
Yes, amendments can be included in a patent application publication if they are submitted in sufficient time and in the correct format. According to MPEP 1121:
“The patent application publication may also be based upon amendments that expedite the publication process, provided that such amendments are submitted in sufficient time to be entered into the application file before technical preparations for publication of the application have begun (generally four months prior to the projected publication date).”
Acceptable amendments for publication include:
- Amendments to the specification reflected in a substitute specification
- Amendments to the abstract
- Amendments to the claims reflected in a complete claim listing
- Amendments to drawings
It’s important to note that while the Office will attempt to use submitted amendments, applicants are not guaranteed to have their amendments included in the publication.
To learn more: