What is an examiner’s amendment in patent prosecution?
An examiner’s amendment is a type of amendment to a patent application that is made by the examiner, typically with the agreement of the applicant or their representative. This can be an efficient way to make minor changes that put the application in condition for allowance.
According to MPEP 707: Any amendment agreed upon during an interview may be made either by the applicant’s attorney or agent or by the examiner in an examiner’s amendment.
However, for extensive amendments, the MPEP suggests: It should be recognized that when extensive amendments are necessary it would be preferable if they were filed by the attorney or agent of record, thereby reducing the professional and clerical workload on the Office and also providing the file wrapper with a better record, including applicant’s arguments for allowability as required by 37 CFR 1.111.
To learn more: