What should applicants do if their pre-July 1, 2009 Article 19 Amendments were not entered correctly?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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 applicant’s pre-July 1, 2009 Article 19 Amendments were not entered correctly in the U.S. national stage application, the USPTO recommends submitting a preliminary amendment. According to MPEP 1893.01(a)(2):

“In such situations, applicants are encouraged to submit a preliminary amendment in accordance with 37 CFR 1.121 to obtain entry of the desired changes.”

This preliminary amendment should be submitted in accordance with 37 CFR 1.121, which outlines the manner of making amendments in applications. By submitting a preliminary amendment, applicants can ensure that their desired changes are properly entered and considered in the examination process.

Tags: article 19 amendment, pre-july 2009 amendments, Preliminary Amendment, USPTO