What types of amendments are typically entered after allowance without withdrawal?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. Certain types of amendments can be entered after allowance without withdrawing the application from issue. The MPEP 1303.01 provides examples: Amendments under 37 CFR 1.312 which do not affect the scope of the claims Amendments to the specification which do not affect the scope of the claims Corrections of informalities (grammatical, typographical, etc.) Cancellation of claims Incorporation of drawings The MPEP states: “Where the amendment is filed in reply to a suggestion by the examiner, the amendment will be entered, if appropriate, without withdrawing the application from issue.” However, it’s important to note that any amendment that affects the scope of the claims or requires substantial review by the examiner may necessitate withdrawing the application from issue. For more details, refer to MPEP 1303.01 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendment Under 37 CFR 1.312 Requires MPEP Guidance MPEP 1303.01 Replacement Drawings Required After Allowance MPEP 1303.01 Recommended Claims Copied to Provoke Interference Forbidden MPEP 1303.01 Publication Fee Due at Issue MPEP 1303 Publication Fee Due at Issue MPEP 1303 Patent Number Must Be Included After Issue Notification MPEP 1303.01 Recommended Notice of Allowance Sent to Applicant MPEP 1303 Issue Fee and Publication Fee Must Be Paid Within Three Months MPEP 1303 Required Three-Month Issue Fee Payment Period Not Extendable MPEP 1303 Authorization to Charge Fees Must Be Filed Post-Allowance MPEP 1303 Permitted Other Related FAQs 5 FAQs Collapse What happens if an amendment after allowance affects the scope of the claims? What happens if an amendment after allowance is not entered? What happens if an...