When will an examiner consider an amendment under 37 CFR 1.312 that adds claims?

An examiner will only consider an amendment under 37 CFR 1.312 that adds claims if it is accompanied by the full required fee. The MPEP 714.16(c) clearly states:

“The amendment is not considered by the examiner unless accompanied by the full fee required.”

This means that if you submit an amendment adding claims after allowance, you must ensure that all necessary fees are paid in full. Otherwise, the examiner will not review or consider the amendment.

To learn more:

• 37 CFR 1.312
• amendment consideration
• examiner review
• fee requirements

To learn more:

• 37 CFR 1.312