What is considered a preliminary amendment in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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. A preliminary amendment in patent applications refers to amendments made to the application before the first Office action. According to MPEP 608.04(b) : A preliminary amendment present on the filing date of the application (e.g., filed along with the filing of the application) is considered a part of the original disclosure. This means that amendments submitted with the initial application filing are treated as part of the original disclosure. However, preliminary amendments filed after the application filing date are not considered part of the original disclosure. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Preliminary Amendment on Filing Date Is Part of Original Disclosure MPEP 608.04(b) Preliminary Amendment on Filing Date Is Part of Original Disclosure MPEP 608.04(b) Preliminary Amendment Not Part of Original Disclosure MPEP 608.04(b) No New Matter After Filing Date MPEP 608 Permitted Original Disclosure Requirement for Filing MPEP 608 Permitted Claims Must Find Basis in Original Disclosure MPEP 608 Required Avoid Submitting Preliminary Amendments to Minimize Processing Burden MPEP 608.04(b) Amendments Can Be Made to Specification MPEP 608.04(b) Permitted Full and Clear Disclosure Required for Patent MPEP 608 Required Requirement for Full and Clear Disclosure MPEP 608 Other Related FAQs 5 FAQs Collapse Are preliminary amendments considered new matter? What is the difference between preliminary amendments filed with the application and those filed after the filing date? How can applicants avoid the need for preliminary amendments in patent applications? How does the USPTO treat preliminary amendments filed on or after September 21, 2004? What is the USPT...