How does the USPTO handle expedited processing of amendments after final rejection?
The USPTO has established an expedited processing procedure for amendments and replies filed under 37 CFR 1.116 after final rejection. To use this procedure:
- For electronic filings (EFS-Web), describe the document as an “amendment after final rejection”
- For paper filings, mark the upper right portion of the amendment with “Reply under 37 CFR 1.116 — Expedited Procedure – Technology Center (Insert Technology Center Number)”
- For mailed submissions, mark the envelope “Mail Stop AF” and address it to “Mail Stop AF, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia, 22313-1450”
The MPEP states the USPTO’s goal for this procedure:
“The U.S. Patent and Trademark Office goal is to mail the examiner’s action on the reply within 1 month from the date on which the amendment or reply is received by the U.S. Patent and Trademark Office.”
This expedited procedure aims to improve the timeliness of processing amendments and replies after final rejection.
To learn more:
To learn more: