What is the relationship between a motion under 37 CFR 41.208 and an amendment under 37 CFR 1.312?

The relationship between a motion under 37 CFR 41.208 and an amendment under 37 CFR 1.312 is crucial for applications in issue. According to MPEP 714.16(b), “Where an amendment filed with a motion under 37 CFR 41.208(c)(2) applies to an application in issue, the amendment is not entered unless and until the motion has been granted.” This means that the fate of the amendment is directly tied to the outcome of the motion. The amendment remains pending and is only entered into the application if the associated motion is approved, ensuring that changes are properly authorized before being incorporated into the application in issue.

To learn more:

• 37 CFR 1.312
• 37 CFR 41.208
• amendments
• patent applications
• motions
• patent examination
• application in issue

To learn more:

• 37 CFR 1.312
• 37 CFR 41.208