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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