1.115 Preliminary amendments.
A preliminary amendment is an amendment that is
received in the Office (§1.6 ) on or
before the mail date of the first Office action under
patent application publication may include preliminary amendments
(§ 1.215(a) ).
- (1) A preliminary amendment that is present on the filing date of an application is part of the original disclosure of the application.
- (2) A preliminary amendment filed after the filing date of the application is not part of the original disclosure of the application.
A preliminary amendment in compliance with
§1.121 will be
entered unless disapproved by the Director.
- (1) A preliminary amendment seeking cancellation of all the claims without presenting any new or substitute claims will be disapproved.
A preliminary amendment may be disapproved
if the preliminary amendment unduly interferes with the
preparation of a first Office action in an application.
Factors that will be considered in disapproving a preliminary
- (i) The state of preparation of a first Office action as of the date of receipt (§1.6 ) of the preliminary amendment by the Office; and
- (ii) The nature of any changes to the specification or claims that would result from entry of the preliminary amendment.
- (3) A preliminary amendment will not be disapproved under (b)(2) of this section if it is filed no later than:
- (4) The time periods specified in paragraph (b)(3) of this section are not extendable.
[46 FR 29183, May 29, 1981; removed and reserved, 62 FR 53131, Oct. 10, 1997, effective Dec. 1, 1997; added, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (b)(1) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; revised, 69 FR 56481, Sept. 21, 2004, effective Sept. 21, 2004]