Amendment During Appeal

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USPTO TMEP › Chapter 1500 - Post-Examination Procedures › TMEP § 1501.05

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

If the applicant files an amendment after filing a timely

notice of appeal, the examining attorney may not act on it without authorization from

the Board, because jurisdiction over the application is with the Board after a notice of

appeal is filed. In appropriate cases, the Board may remand the case to the examining

attorney to consider the matter presented in the document, with appropriate instructions

to the examining attorney regarding consideration of the document and disposition of the

case after such consideration.

TBMP §1205

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If an application is remanded to the examining attorney to

consider an amendment, and the examining attorney determines that the amendment places

the application in condition for publication or issue, the examining attorney should

notify the applicant by telephone or email that the amendment has been entered, and that

the amendment renders the appeal moot. It is not necessary to notify the Board.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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