What is the time frame for submitting a supplemental amendment to be considered timely?
What is the time frame for submitting a supplemental amendment to be considered timely?
The time frame for submitting a supplemental amendment to be considered timely depends on when the initial reply was filed. According to MPEP 714.03(a):
A supplemental amendment will be entered if it is filed within the period during which action by the Office is suspended under 37 CFR 1.103(a) or (c). Such action is suspended for a period of up to three months from the date of filing of a request for continued examination (RCE) under 37 CFR 1.114.
Additionally, the MPEP states:
Applicants are encouraged to file all amendments no later than the first reply.
In general, supplemental amendments filed after the first reply to an Office action may not be entered as a matter of right, unless they are filed within the time period during which action is suspended after filing an RCE. It’s best to include all desired amendments in the initial reply to ensure timely consideration.
To learn more: