What happens if I submit a patent amendment without pointing out the patentable novelty?

If you submit a patent amendment without pointing out the patentable novelty, your claims may not be allowed. The Manual of Patent Examining Procedure (MPEP) Section 714.04 states:

In the consideration of claims in an amended case where no attempt is made to point out the patentable novelty, the claims should not be allowed.

This means that when you submit an amendment, you should clearly explain how your changes make the claims patentable over the prior art. Failing to do so may result in your amendment being considered non-responsive.

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Tags: Claim Allowance, Mpep 714 04, patent amendment