An amendment submitted to the U.S. Patent and Trademark Office after the PTO has mailed notice of a patent application’s approval. • Once a notice of allowance has been mailed, prosecution of the application is closed on the merits, and the entry of any amendment is within the discretion of the patent examiner. Amendments after […]
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An amendment made by the applicant after the application has been allowed and the issue fee paid. • Such an amendment is not made as a matter of right but is governed by 37 CFR § 1.312. It must be accompanied by a petition to the Commissioner showing good and sufficient reasons why the amendment
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additional claims after allowance. Patents. Claims submitted for the first time by amendment after the U.S. Patent and Trademark Office has informed the applicant of the patent application’s allowance. • Once a notice of allowance has been issued, the applicant may not by right submit additional claims. But in some circumstances, such as when the
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Rule 312 amendment. See amendment after allowance under PATENT-APPLICATION AMENDMENT.
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blackout period. Trademarks. The time between the examining attorney’s approval of an intent-to-use application for publication in the Official Gazette and the issuance of a notice of allowance after publication, during which the applicant may not file a statement of use or make any other substantive amendment to the application. [Cases: Trade Regulation 214. C.J.S.