What happens if an amendment under 37 CFR 1.312 is not entered?

What happens if an amendment under 37 CFR 1.312 is not entered?

If an amendment submitted under 37 CFR 1.312 is not entered, the applicant has several options:

• File a petition to withdraw the application from issue
• File a continuing application to incorporate the desired changes
• Proceed with issuance of the patent without the amendment

The MPEP states: If the amendment is not entered, the examiner should write to the applicant indicating that the amendment cannot be entered and stating the reason for its non-entry. This communication provides the applicant with an opportunity to decide on the next course of action. If the changes are critical, the applicant may choose to withdraw the application from issue or file a continuing application. Otherwise, they may proceed with the issuance of the patent as originally allowed.

To learn more:

• 37 CFR 1.312
• Notice of Allowance
• Amendment Rejection
• Post-Allowance Procedure

To learn more:

• 37 CFR 1.312