When can an examiner make changes to a patent application without an examiner’s amendment?
There are specific circumstances where an examiner can make changes to a patent application without using an examiner’s amendment. According to MPEP 1302.04, these exceptions include:
- Renumbering claims in accordance with 37 CFR 1.126
- Correcting erroneous citations on an Information Disclosure Statement
- Correcting non-compliant amendments filed under 37 CFR 1.312
- Canceling claims directed to a non-elected invention where the election was made without traverse
- Amending or canceling claims following a decision by the Patent Trial and Appeal Board
These exceptions allow examiners to make certain minor changes efficiently without the need for a formal examiner’s amendment process.
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