What types of amendments under 37 CFR 1.312 require supervisory patent examiner approval?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

Amendments under 37 CFR 1.312 that require supervisory patent examiner approval include those that:

  • Affect the disclosure of the specification
  • Add claims
  • Change the scope of any claim

The MPEP states: Whenever an amendment under 37 CFR 1.312 affects the disclosure of the specification, adds claims, or changes the scope of any claim, the recommendation of the examiner must be forwarded to the supervisory patent examiner for consideration and approval. (MPEP 714.16(d))

Tags: 37 CFR 1.312