How does MPEP 714.03(a) address supplemental amendments that raise new issues?
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.
MPEP 714.03(a) provides guidance on handling supplemental amendments that raise new issues. The manual states:
‘A supplemental reply will not be entered if the supplemental reply includes any new issue such as a new argument or new evidence that was not presented in the first reply.’
This provision is designed to:
- Prevent the introduction of new arguments or evidence after the initial reply
- Ensure fair and efficient examination
- Discourage piecemeal prosecution
If a supplemental amendment raises new issues, the examiner may deny its entry. However, the examiner must provide a reason for non-entry in the next Office action. For more information, refer to MPEP 714.03(a).