1505.01(d) Processing Amendments Filed Between Issuance of the Notice of Allowance and Filing of Statement of Use
Generally, the only amendments that will be entered in a §1(b) application between the issuance of a notice of allowance and the submission of a statement of use are those outlined in TMEP §1107. See 37 C.F.R. §2.77(a). All other amendments may be entered during this period only with the express permission of the Director, after consideration on petition under 37 C.F.R. §2.146. 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). A petition is not required for amendments submitted as part of the statement of use. See TMEP §§1107–1107.01 for further information about amendments filed between the issuance of a notice of allowance and the submission of a statement of use, TMEP §1109.08 regarding examination of amendments submitted with a statement of use, and TMEP Chapter 1700 regarding petitions.