TMEP 1107.01: Examination of Amendment Filed After the Notice of Allowance Issues but Before a Statement of Use Is Filed

This is the October 2015 Edition of the TMEP

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1107.01    Examination of Amendment Filed After the Notice of Allowance Issues but Before a Statement of Use Is Filed

As noted in TMEP §1107, an applicant may file a petition to the Director under 37 C.F.R. §2.146 to permit an amendment to be entered (other than an amendment deleting a basis or deleting specified goods/services) during the period between the issuance of a notice of allowance and the filing of a statement of use. If the Director determines that the amendment requires review by the examining attorney, the petition will be denied and the amendment may be resubmitted with the statement of use in order for the applicant to preserve its right to review. 37 C.F.R. §2.77(b).

The granting of a petition to enter an amendment between issuance of the notice of allowance and filing of the statement of use does not extend the deadline for filing a statement of use or request for an extension of time to file a statement of use. Regardless of whether an applicant has received a response to a proposed amendment, the applicant must file its extension request or statement of use when it becomes due. The extension request or statement of use may refer to the proposed amendment.