What is considered a preliminary amendment in patent applications?

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.

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Topics: Patent Law, Patent Procedure