Amending Patent Claims After Allowance Under 37 CFR §1.312

MARK TERRY, ESQ.

After agreeing to an examiner’s amendment in a software patent application, minor typographical errors appeared in the allowed claims. The errors included missing punctuation, spacing, and an article.

Substantive post-allowance changes may require a continuation application or a request for continued examination, but minor formal corrections can be handled more efficiently.

MPEP § 714.16 permits a primary examiner to enter certain amendments after allowance when they correct formal matters without changing claim scope and require no substantial additional work by the Patent Office.

An amendment after allowance under 37 C.F.R. § 1.312 was filed to correct the minor errors. The examiner entered the amendment, and the patent issued without appreciable delay.

Practical takeaway: For minor post-allowance corrections that do not alter claim scope, consider a § 1.312 amendment before resorting to a continuation or renewed prosecution.