When are amendments under 37 CFR 1.312 entered for applications in issue?

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.

For applications in issue, amendments filed under 37 CFR 1.312 along with a motion under 37 CFR 41.208 are not immediately entered. MPEP 714.16(b) states: “Where an amendment filed with a motion under 37 CFR 41.208(c)(2) applies to an application in issue, the amendment is not entered unless and until the motion has been granted.” This means that the amendment will only be entered after the associated motion is approved, ensuring that any changes to the application are properly reviewed and authorized before being incorporated.

Tags: 37 CFR 1.312, amendments, patent applications, patent examination