How are amendments handled when a final rejection is withdrawn?

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.

When a final rejection is withdrawn, the handling of amendments is addressed in MPEP 706.07(e). The manual states:

“When a final rejection is withdrawn, all amendments filed after the final rejection are ordinarily entered.”

This means that:

• Any amendments submitted by the applicant after the final rejection was issued will typically be considered and entered into the application.
• These amendments will be treated as if they were filed in response to a non-final Office action.
• The examiner will consider these amendments when reevaluating the patentability of the claims.

It’s important for applicants to be aware of this practice, as it provides an opportunity for previously filed amendments to be considered if the final rejection is withdrawn.