What are preliminary amendments and when are they considered part of the original disclosure?
Preliminary amendments are amendments received in the USPTO on or before the mail date of the first Office action under 37 CFR 1.104. According to MPEP 714.01(e), preliminary amendments are considered part of the original disclosure under the following conditions:
- For applications filed on or after September 21, 2004: If the preliminary amendment is present on the filing date of the application
- For applications filed before September 21, 2004: If the preliminary amendment is present on the filing date of the application AND is referred to in the first executed oath or declaration under 37 CFR 1.63
The MPEP states: For applications filed on or after September 21, 2004 (the effective date of 37 CFR 1.115(a)(1)), a preliminary amendment that is present on the filing date of the application is part of the original disclosure of the application.
It’s important to note that preliminary amendments filed after the filing date of the application are not considered part of the original disclosure.
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