When is a patent application considered “amended”?

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

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.

According to MPEP 203.03, a nonprovisional patent application is considered “amended” after it has been initially acted on by the examiner, and the applicant has filed a reply to the examiner’s action. The applicant’s reply may include:

  • An election
  • A traverse of the examiner’s action
  • An amendment to the application
Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims MPEP 203 - Status of Applications Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Notice Content Form, patent issuance