What happens to amendments filed under 37 CFR 1.312 with a motion under 37 CFR 41.208?

Amendments filed under 37 CFR 1.312 with a motion under 37 CFR 41.208 are subject to specific rules when they apply to an application in issue. According to MPEP 714.16(b), “Where an amendment filed with a motion under 37 CFR 41.208(c)(2) applies to an application in issue, the amendment is not entered unless and until the motion has been granted.” This means that the amendment remains pending until the associated motion is approved, ensuring that changes are only incorporated after proper review and authorization.

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Tags: 37 CFR 1.312, 37 Cfr 1312, 37 Cfr 41 208, 37 Cfr 41208, amendments, Motions, patent applications, patent examination