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

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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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendments Must Be Recorded But Not Entered MPEP 714 Prohibited Supplemental Amendment Not Entered As Right MPEP 714 Notice of Non-Compliant Amendment Required for After-Final Amendments MPEP 714 Recommended Notice of Non-Compliant Amendment Required MPEP 714 Permitted After-Allowance Amendments Not Entered Automatically MPEP 714 Each Section of an Amendment Must Begin on a Separate Sheet MPEP 714 Required Applicant May Amend Before and After Office Actions MPEP 714 Permitted Canceled and Not Entered Claims Must Be Listed by Number Only MPEP 714 Required Supplemental Amendment Not Entered As Right MPEP 714 Applicant Must Be Informed of Amended Entries MPEP 714 Recommended Other Related FAQs 5 FAQs Collapse What happens if an amendment under 37 CFR 1.312 adds claims exceeding the previously paid number? What types of amendments under 37 CFR 1.312 require supervi...