Can an amendment canceling all claims in a patent application be entered?
No, an amendment that cancels all claims in a patent application without presenting any substitute claims is generally not entered. This is explicitly stated in MPEP 714.19:
“An amendment canceling all of the claims and presenting no substitute claim or claims. See 37 CFR 1.115(b)(1), MPEP § 711.01 and § 714.01(e).”
This policy is in place because a patent application must contain at least one claim to be considered for patentability. Canceling all claims without providing substitutes effectively abandons the application. Applicants should always ensure that their amendments include at least one claim, even if they wish to significantly modify the scope of their application. For more information on the requirements for amendments, refer to MPEP § 714.
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