What are the requirements for amendments after notice of allowance under 37 CFR 1.312?
What are the requirements for amendments after notice of allowance under 37 CFR 1.312?
Amendments after notice of allowance under 37 CFR 1.312 must meet specific requirements:
- They must be filed before or with payment of the issue fee
- They cannot affect the scope of the claims or require substantial additional examination
- They are typically limited to matters of form or correction of typographical errors
- The examiner must approve the amendment before it can be entered
As stated in MPEP 714.16: ‘Any amendment filed pursuant to this section must be accompanied by the fees set forth in 37 CFR 1.17(h), if not previously paid.’ This emphasizes the importance of proper fee payment when submitting such amendments.
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