Get Amendment After Allowance

Rule 312 Amendment is an amendment submitted to the U.S. Patent and Trademark Office after the Patent Trademark Office has mailed notice of a patent application's approval. ... No amendment may be made as a matter of right in an application after the mailing of the notice of allowance.

examiner (the quoted language is from 37 CFR 1.142(b). Canceled claims are no longer pending. ... Do not cancel the non elected claims.

Rule 312 Amendment is an amendment submitted to the U.S. Patent and Trademark Office after the Patent Trademark Office has mailed notice of a patent application's approval. ... No amendment may be made as a matter of right in an application after the mailing of the notice of allowance.

Once a provisional patent application has been filed, it cannot be amended (other than fixing procedural formalities). Therefore, to amend the subject matter one would need to refile the provisional patent application.

All of these mistakes can be attacked to defeat the restriction requirement. And remember, there is nothing precluding you from amending the claims to defeat the restriction requirement, i.e., adding a generic claim or a linking claim, as well as amending the generic claim to include all of the species.

Any non-elected claims which are being amended must have either the status identifier (withdrawn) or (withdrawn currently amended) and the text of the non-elected claims must be presented with markings to indicate the changes. Any non-elected claims that are being canceled must have the status identifier (canceled).

Amendments to ClaimsYou can change the claims of a patent without filing a new application unless you are making a new claim. If you are making a new claim, you will need to file a new patent application. Federal regulations governing the USPTO provide specific rules for amending patent claims.

Amendment Amendment after Notice of Allowance (Rule 312) When applicant files an amendment after the Notice of Allowance has been mailed but before the issue fee is paid, the amendment is not entered automatically. It may only be entered upon recommendation of a Primary Examiner.