What happens if an amendment to a patent application is non-compliant?

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.

If an amendment to a patent application is non-compliant with 37 CFR 1.121, the following process occurs:

• The Office will notify the applicant using a Notice of Non-Compliant Amendment (Form PTOL-324)
• The notice will identify which section is non-compliant, what is required for compliance, and the reasons for non-compliance
• The applicant may be given a time period to comply, depending on the type of amendment

The MPEP states: If an amendment submitted on or after July 30, 2003, fails to comply with 37 CFR 1.121 (as revised on June 30, 2003), the Office will notify applicant by a Notice of Non-Compliant Amendment, Form PTOL-324, that the amendment fails to comply with the requirements of 37 CFR 1.121 and identify: (1) which section of the amendment is non-compliant (e.g., the amendments to the claims section); (2) items that are required for compliance (e.g., a claim listing in compliance with 37 CFR 1.121(c)); and (3) the reasons why the section of the amendment fails to comply with 37 CFR 1.121.

In some cases, if the non-compliant amendment would otherwise place the application in condition for allowance, the examiner may enter the amendment and provide an examiner’s amendment to correct the non-compliance.