What is the role of the Office of Data Management in handling amendments under 37 CFR 1.312?

The Office of Data Management plays a crucial role in handling amendments under 37 CFR 1.312, particularly when preparing a patent for issuance. Their responsibilities include:

  • Discovering errors in text or drawings
  • Identifying inconsistencies between drawings and application papers
  • Requiring appropriate amendments to the specification or drawings
  • Having the authority to waive the requirement of 37 CFR 1.312 and accept amendments after payment of the issue fee

The MPEP states: In preparation of a patent for issuance as a patent grant, if the Office of Data Management discovers an error in the text, or drawings of a patent application, including any missing text, or an inconsistency between the drawings and the application papers, the Office of Data Management may require an appropriate amendment to the specification or drawings. (MPEP 714.16(d))

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Tags: 37 CFR 1.312, patent issuance