When is a supplemental amendment considered to be entered as a matter of right?

When is a supplemental amendment considered to be entered as a matter of right?

A supplemental amendment is entered as a matter of right under specific circumstances. According to MPEP 714.03(a):

“A supplemental amendment will be entered as a matter of right if it is filed within the period during which action by the Office is suspended under 37 CFR 1.103(a) or (c).”

This typically occurs when:

  • The supplemental amendment is filed within a suspension period requested by the applicant.
  • It’s filed in response to an examiner’s request for information under 37 CFR 1.105.
  • It’s filed after a final Office action but before or with a Notice of Appeal.

In these cases, the supplemental amendment is automatically entered without requiring the examiner’s approval.

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Tags: MPEP, patent prosecution