Can I amend claims after a final rejection in a patent application?

Amending claims after a final rejection is not an absolute right. The MPEP states:

“It should be kept in mind that applicant cannot, as a matter of right, amend any finally rejected claims, add new claims after a final rejection (see 37 CFR 1.116) or reinstate previously canceled claims.”

However, amendments may be entered if they:

• Merely cancel claims
• Adopt examiner suggestions
• Remove issues for appeal
• Otherwise require only a cursory review by the examiner

In other cases, the applicant must provide a showing under 37 CFR 1.116(b)(3) to justify the entry of the amendment.

To learn more:

• final rejection
• claim amendments
• patent application
• 37 CFR 1.116

To learn more:

• 37 CFR 1.116