What should patent examiners do when receiving an amendment signed by an applicant with an attorney of record?

When patent examiners receive an amendment signed by an applicant who has an attorney of record, they should follow these steps according to the MPEP:

1. Enter and act upon the amendment.
2. Prepare two copies of the action.
3. Send one copy to the attorney of record.
4. Send the other copy directly to the applicant.
5. Include the notation ‘Copy to applicant’ on the original and both copies.

The MPEP states:

If an amendment signed by the applicant, other than a juristic entity, is received in an application in which there is a duly appointed attorney or agent, the amendment should be entered and acted upon. … Two copies of the action should be prepared, one being sent to the attorney and the other directly to the applicant. The notation: ‘Copy to applicant’ should appear on the original and on both copies.

This procedure ensures that both the applicant and the attorney are informed about the action taken on the amendment. For more details, refer to MPEP 714.01(d).

To learn more:

• patent examiner procedure
• applicant-signed amendment
• attorney of record
• USPTO office action
• patent examination