Can new claims be added after Notice of Allowance under 37 CFR 1.312?

Can new claims be added after Notice of Allowance under 37 CFR 1.312?

Generally, adding new claims after Notice of Allowance is not recommended and is likely to be denied. The MPEP 714.16 states:

Amendments touching the merits of the application… are treated in the same manner as amendments touching the merits after final rejection… Amendments filed after allowance are ordinarily entered if presented before the ‘Issue Notification’ has been mailed.

This means that while it’s technically possible to submit new claims, they will be scrutinized closely and likely rejected unless they are clearly supported by the original disclosure and do not require substantial further examination. It’s generally advisable to address all claim matters before the Notice of Allowance is issued.

To learn more:

• 37 CFR 1.312
• Notice of Allowance
• New Claims
• Post-Allowance Procedure

To learn more:

• 37 CFR 1.312