MPEP Q & A 62: Circumstances Where Applicants May Make Amendments

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Question:

Name one circumstance where an applicant may make amendments.

Answer:

The applicant may amend:

  • before or after the first Office action and also after the second Office actions;
  • after final rejection, if certain criteria are met;
  • after the date of filing a notice of appeal, if the amendment meets certain criteria; and
  • when and as specifically required by the examiner.

Chapter Details:

The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 714 of the MPEP.  The following is a brief summary of section 714.

714    Amendments, Applicant’s Action

This section covers amendments and the applicant’s action including when an applicant may amend and the manner of making amendments under 37 C.F.R. 1.121. There are many rules governing amendments that are discussed in 37 C.F.R. 1.121 and this section. These consist of amendments to the specification and amendments to the claims including status identifiers, markings to show the changes, claim text, claim numbering, and acceptable alternative status identifiers. In addition, amendments in reexamination proceedings and reissue applications are also discussed.

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