How are supplemental amendments filed after a final Office action treated?

Supplemental amendments filed after a final Office action are treated differently from those filed before final rejection. According to MPEP 714.03(a):

‘Amendments filed after final rejection are governed by 37 CFR 1.116. […] Amendments after final are not entered as a matter of right. […] If the examiner denies entry of a supplemental amendment after final, the examiner should notify the applicant in the next Office communication.’

Key points to remember:

• Supplemental amendments after final are not automatically entered
• The examiner has discretion to enter or deny such amendments
• If denied, the examiner must notify the applicant in the next Office communication
• Applicants may need to file an RCE (Request for Continued Examination) to have the amendment considered

To learn more:

• supplemental amendments
• final Office action
• patent examination