When does the primary examiner lose jurisdiction over a patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

The primary examiner retains jurisdiction over a patent application until the Notice of Allowance is mailed. As stated in MPEP 1305:

“Jurisdiction of the application remains with the primary examiner until the Notice of Allowance is mailed.”

However, even after the Notice of Allowance, the examiner may still permit certain limited amendments under 37 CFR 1.312, such as those confined to matters of form or claim cancellations.

Tags: amendments, jurisdiction, notice of allowance, patent examination