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