What options does an examiner have if an amendment is approved for entry after a Notice of Allowance?

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.

If an examiner approves an amendment for entry after a Notice of Allowance has been issued, they have two main options according to the MPEP:

“If the amendment is approved for entry, the examiner may enter the amendment and provide a supplemental notice of allowance, or withdraw the application from issue and provide an Office action.”

This means the examiner can either:

• Enter the amendment and issue a supplemental Notice of Allowance if the changes don’t affect the allowability of the application.
• Withdraw the application from issue and issue a new Office action if the amendment necessitates further examination or introduces new issues.

The choice depends on the nature and scope of the approved amendment.