What happens if an amendment is unsigned or improperly signed?

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.

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).

Tags: Improperly Signed Amendments, patent application, Ratification Of Amendments, Unsigned Amendments, USPTO procedure