Who evaluates amendments for compliance with 37 CFR 1.121?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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 714.18, the examiner, not the technical support staff, is responsible for evaluating amendments for compliance with 37 CFR 1.121. The MPEP states: “Evaluation of the amendment after final rejection for compliance with 37 CFR 1.121 should be left to the examiner, and not treated by the technical support staff before forwarding the amendment to the examiner.” If an amendment is found non-compliant, the examiner will notify the applicant and attach a Notice of Non-Compliant Amendment to the advisory action.

Tags: amendments