What happens if an amendment is filed after a patent application has been allowed?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

When an amendment is filed after a patent application has been allowed, the handling depends on the nature of the amendment:

  • If the amendment is filed under 37 CFR 1.312, it will be processed according to the procedures outlined in MPEP § 714.15 to § 714.16(e).
  • If the amendment contains claims copied from a patent to provoke an interference, it will be handled as described in MPEP Chapter 2300.
  • Any replacement drawings submitted after allowance should be forwarded to the Office of Data Management.

As stated in MPEP 1303.01: “Any paper filed after receiving the Issue Notification should include the indicated patent number, unless the application has been withdrawn from issue.” This ensures proper processing of the amendment.

Tags: 37 CFR 1.312, amendment after allowance, interference, patent application, Replacement Drawings