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

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendment Not Entered Until Motion Granted MPEP 714.16(b) Amendments Must Be Recorded But Not Entered MPEP 714 Prohibited Supplemental Amendment Not Entered As Right MPEP 714 Examiner’s Amendments Not Bound by Specific Rules MPEP 714 Each Section of an Amendment Must Begin on a Separate Sheet MPEP 714 Required Amendments Must Follow Specific Rules During Reexamination MPEP 714 Canceled and Not Entered Claims Must Be Listed by Number Only MPEP 714 Required Supplemental Amendment Not Entered As Right MPEP 714 After-Allowance Amendments Not Entered Automatically MPEP 714 Amendments Not Usually Made in Provisional Applications MPEP 714 Other Related FAQs 5 FAQs Collapse What is the relationship between a motion under 37 CFR 41.208 and an amendment under 37 CFR 1.312? When are amendments under 37 CFR 1.312 entered for applications in issue? 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 supervisory patent examiner approval? What does &#8216;acting in a representative capacity&#8217; mean in the context of p...