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Filing an Amendment After Notice of Allowance The following document must be submitted to file an Amendment After Notice of Allowance The amendment in response to a Notice of Allowance EFS-Web Doc Code Category Business Process Name in Transaction History Amendment after Notice of Rule 312 Code Description 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 .

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Related content

714.16 Amendment After Notice of Allowance, 37 CFR...
The amendment is PROMPTLY considered by the examiner who indicates whether or not its...
Learn more
37 CFR § 1.312 - Amendments after allowance. |...
No amendment may be made as a matter of right in an application after the mailing of the...
Learn more
Patents 2016 - Kirkland & Ellis LLP
Printed by. Ashford Colour Press Ltd. August 2015. Copyright © 2015. Global Legal Group...
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Any non-elected claims which are being amended must have either the status identifier (withdrawn) or (withdrawn currently amended) and the text of the non-elected claims must be presented with markings to indicate the changes.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).

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.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232