What happens if an amendment under 37 CFR 1.312 is not approved by the examiner?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 submitted under 37 CFR 1.312 is not approved by the examiner, it will not be entered into the application. According to MPEP 714.16 : ‘If the amendment is disapproved by the examiner, the amendment shall be placed in the application file, and a detailed statement of the reasons for not entering the amendment should be provided.’ In such cases, the applicant has several options: They can attempt to persuade the examiner to reconsider through further correspondence They can file a continuation application to pursue the desired changes They can allow the patent to issue without the amendment and potentially file a reissue application later It’s important to note that the time for filing a continuation application may be limited, so prompt action is often necessary if the amendment is crucial to the applicant’s goals. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendments Must Be Placed In Provisional File MPEP 714 Prohibited Drawing Changes Must Be Approved by Examiner MPEP 714 Marked-Up Drawings Must Be Provided When Required MPEP 714 Required Each Section of an Amendment Must Begin on a Separate Sheet MPEP 714 Required Reasons for Claim Amendments Must Be Clearly Stated MPEP 714.16 Required Amendments Must Be Recorded But Not Entered MPEP 714 Prohibited Supplemental Amendment Not Entered As Right MPEP 714 Amendments Required for Reissue Applications MPEP 714 After-allowance Amendments Forwarded to Examiner MPEP 714 Amendments Not Usually Made in Provisional Applications MPEP 714 Other Related FAQs 5 FAQs Collapse Can new claims be added after Notice of Allowance under 37 CFR 1.312? When can an amendment after notice of allowance be filed? What...