Can an amendment after notice of allowance be used for continued prosecution?
No, amendments after notice of allowance are not intended for continued prosecution of an application. The MPEP 714.16 clearly states:
“37 CFR 1.312 was never intended to provide a way for the continued prosecution of an application after it has been passed for issue.”
If an examiner recommends against entry of an amendment, they typically provide a brief reason why the proposed claim is not obviously allowable. Common reasons for non-entry include:
- An additional search is required
- More than a cursory review of the record is necessary
- The amendment would involve materially added work for the Office
Applicants should aim to complete prosecution, including editorial revisions, before the Notice of Allowance is issued.
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