How are charges against deposit accounts handled in examiner’s amendments?

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.

Examiner’s amendments can be used to make charges against deposit accounts under specific conditions. According to MPEP 1302.04:

“An examiner’s amendment can be used to make a charge against a deposit account, provided prior approval is obtained from the applicant, attorney or agent, in order to expedite the issuance of a patent on an application otherwise ready for allowance.”

The process involves the following steps:

1. Obtain prior approval from the applicant, attorney, or agent.
2. Prepare the examiner’s amendment indicating the prior approval.
3. Include the following information:
   • Name of the authorizing party
   • Date and type (personal or telephone) of authorization
   • Purpose for the charge (e.g., additional claims)
   • Deposit account number

This procedure allows for efficient handling of necessary fees during the final stages of patent prosecution.