What are the options for amendments after final rejection?

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.

After a final rejection, an applicant has several options for amendments:

  • Cancel claims or comply with form requirements from a previous Office action
  • Present rejected claims in better form for appeal consideration
  • Submit amendments touching the merits of the application, if good and sufficient reasons are shown

As stated in MPEP 714.12: Any amendment that will place the application either in condition for allowance or in better form for appeal may be entered. However, the examiner’s approval is generally required for amendments filed after final action.

Tags: amendments, final rejection, patent application, USPTO