How are amendments containing objectionable remarks handled by the USPTO?
Amendments containing objectionable remarks are handled with special care by the USPTO. According to MPEP 714.19:
“An amendatory paper containing objectionable remarks that, in the opinion of the examiner, brings it within the condemnation of 37 CFR 1.3, will be submitted to the Deputy Commissioner for Patents who oversees the Office of Petitions. See MPEP § 714.25 and MPEP § 1002.02(b). If the Deputy Commissioner determines that the remarks are in violation of 37 CFR 1.3, they will notify the applicant of the non-entry of the paper.”
This process ensures that amendments maintain a professional and respectful tone. If an examiner identifies objectionable content, the amendment is escalated to the Deputy Commissioner for review. If found to violate 37 CFR 1.3, which requires decorum and courtesy, the amendment will not be entered, and the applicant will be notified. It’s crucial for applicants to maintain professionalism in all communications with the USPTO.
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