What is the difference between a supplemental amendment and a preliminary amendment?

What is the difference between a supplemental amendment and a preliminary amendment?

A supplemental amendment is filed after an initial reply to an Office action, while a preliminary amendment is filed before the first Office action. The MPEP 714.03(a) states:

“A supplemental amendment is an amendment filed after a reply has been entered to an Office action.”

In contrast, a preliminary amendment is typically filed with or before the application’s initial examination. Supplemental amendments are subject to different rules and considerations, as they can potentially delay prosecution if not properly handled.

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Tags: MPEP, patent prosecution