Define: Amendment After Allowance

An amendment after allowance refers to a modification made to a patent application that has been approved by the U.S. Patent and Trademark Office. This modification can involve changes to the claims, specification, drawings, or list of inventors. However, the decision to accept an amendment is up to the discretion of the patent examiner. Typically, amendments that address formal issues or cancel a claim are approved, while those of greater significance require approval from a supervisory examiner. These amendments can be made before or after payment of the issue fee, after final action, or after appeal.

Amendment after allowance refers to a modification made to a patent application after it has been approved by the U.S. Patent and Trademark Office (PTO). This amendment is typically done to narrow or eliminate certain claims in response to an examiner’s rejection. For instance, if an examiner rejects a claim in a patent application, the applicant can submit an amendment after allowance to modify the claim and address the examiner’s concerns. Amendments after allowance can cover various matters, including changes to the specification or claims, modifications to the drawings or list of inventors, and the submission of prior art. However, the decision to accept any amendment lies with the patent examiner, and amendments of greater significance require approval from the supervisory examiner. Other types of amendments related to patent applications include: Amendment after appeal, which is made after an appeal is taken from a patent application’s final rejection; amendment after final action, which is made after the final rejection of the patent application; amendment after payment of issue fee, which is made by the applicant after the application has been allowed and the issue fee paid; and preliminary amendment, which is filed before the U.S. Patent and Trademark Office issues an office action on a patent application. Overall, amendments after allowance provide a means for patent applicants to address concerns raised by examiners and enhance the likelihood of their patent application being approved.

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This glossary post was last updated: 17th April 2024.