What is the examiner’s role in reviewing amendments under 37 CFR 1.312?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
The examiner’s role in reviewing amendments under 37 CFR 1.312 includes:
- Promptly considering the amendment
- Indicating whether entry is recommended by annotating the amendment
- Ensuring compliance with 37 CFR 1.121
- Forwarding recommendations to the supervisory patent examiner for certain types of amendments
The MPEP states: The amendment is PROMPTLY considered by the examiner who indicates whether or not its entry is recommended by annotating the amendment with ‘OK to Enter’ if the entire amendment is recommended for entry, with ‘Enter In Part’ if only part of the amendment is recommended for entry, and with ‘Do Not Enter’ if none of the amendment is recommended for entry.
(MPEP 714.16(d))