How are amendments treated after an Ex parte Quayle action?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
After an Ex parte Quayle action, amendments are treated similarly to amendments after final rejection. MPEP 714.14 states:
Amendments touching the merits are treated in a manner similar to amendments after final rejection, though the prosecution may be continued as to the formal matters.
This means that while amendments addressing the formal matters are generally entered, substantive amendments may be treated more restrictively. For guidance on handling such amendments, refer to MPEP § 714.12 and MPEP § 714.13.