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

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Will Notify Applicant If After-allowance Amendment Is Not Approved For Entry MPEP 714 Examiner Will Notify Applicant If Amendment Not Approved MPEP 714 Each Section of an Amendment Must Begin on a Separate Sheet MPEP 714 Required Additional Claims Require Full Fee MPEP 714.16(c) Required After-allowance Amendments Forwarded to Examiner MPEP 714 Excess Claims Fees Requirement MPEP 714 Excess Claims Fees Required for Amendments MPEP 714 Required Notice for Non-Compliant Amendments Required MPEP 714 Required Additional Claims Require Extra Fees MPEP 714.16(c) Required Examiner’s Changes to Claims Not Subject to Section Requirements MPEP 714 Required Other Related FAQs 5 FAQs Collapse What happens if an amendment under 37 CFR 1.312 adds claims exceeding the previously paid number? What types of claims are subject to additional fees in a 37 CFR 1.312 amendment? Where can I find information about fees for additional claims in a 37 CFR 1.312 amendment? Are there additional fees for amendments after notice of allowance? What types of amendments under 37 CFR 1.312 require supervisory patent examiner approval?