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: