What happens if an amendment is unsigned or improperly signed?
According to MPEP 714.01(a), an unsigned or improperly signed amendment will not be entered into the application. The MPEP states:
An unsigned amendment or one not properly signed by a person having authority to prosecute the application is not entered.
If an unsigned or improperly signed amendment is received, the examiner will:
- List the amendment in the contents of the application file, but not enter it
- Notify the applicant of the status of the application
- Advise the applicant to furnish a duplicate amendment properly signed or to ratify the amendment already filed
In applications not under final rejection, applicants are typically given a two-month time period to ratify the previously filed amendment under 37 CFR 1.135(c).
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