What is an Examiner’s Amendment in patent prosecution?

What is an Examiner’s Amendment in patent prosecution?

An Examiner’s Amendment is a formal amendment to a patent application made by the examiner with the applicant’s authorization. According to MPEP 1004, “Primary Examiners have the authority to grant Examiner’s Amendments.” This process allows for:

  • Minor corrections to the application
  • Clarification of claim language
  • Resolving issues that might otherwise require an additional office action

Examiner’s Amendments can expedite the patent prosecution process by addressing small issues without the need for a formal response from the applicant. However, they require the approval of a Primary Examiner to ensure accuracy and appropriateness.

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Tags: Examiner's Amendment, patent prosecution, primary examiner, USPTO