Does filing an amendment change the status of a ‘new’ application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
No, filing an amendment does not change the status of a ‘new’ application. The MPEP 203.01 explicitly states:
An amendment filed prior to the first Office Action does not alter the status of a ‘new’ application.
This means that even if you submit changes or corrections to your application before receiving any feedback from the examiner, your application is still considered ‘new’ in the eyes of the patent office.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority
Patent Law
Patent Procedure