When can the entry of a preliminary amendment be disapproved?

According to MPEP 714.01(e), the entry of a preliminary amendment may be disapproved under certain circumstances. The two main reasons for disapproval are:

1. If the preliminary amendment seeks cancellation of all claims without presenting any new or substitute claims.
2. If the preliminary amendment unduly interferes with the preparation of a first Office action.

For the second reason, factors considered include:

• The state of preparation of the first Office action at the time of receiving the preliminary amendment
• The nature of the changes to the specification or claims that would result from entry of the preliminary amendment

However, a preliminary amendment filed within three months of the filing date of an application under 37 CFR 1.53(b) or the date the national stage is entered in an international application will not be disapproved under these criteria.

The MPEP states: A preliminary amendment may be disapproved if the preliminary amendment unduly interferes with the preparation of a first Office action in an application.

To learn more:

• preliminary amendments
• disapproval of amendments
• patent examination procedure