Can you file a 312 amendment after payment of the issue fee?
Asked by: Prof. Rosamond Bauch IV | Last update: July 9, 2026Score: 4.4/5 (39 votes)
No, you generally cannot file a 37 CFR 1.312 amendment after payment of the issue fee without withdrawing the application from issue. Under MPEP § 714.16, such amendments must be filed on or before the date the issue fee is paid, and they are only entered with approval from the examiner.
What is the rule 312 amendment after issue fee?
Amendment Amendment after Notice of Allowance (Rule 312) When applicant files an amendment after the Notice of Allowance has been mailed but before the issue fee is paid, the amendment is not entered automatically. It may only be entered upon recommendation of a Primary Examiner.
Can you file a continuation application after paying the issue fee?
After payment of the issue fee, the USPTO will send an Issue Notification setting forth the exact date on which the patent will be granted, which will always be a Tuesday. Unless it's a holiday, the Monday before the issue date will typically be the last safe day to file a continuation.
Can you file RCE after payment of issue fee?
Applicants considering filing an RCE after payment of the issue fee are strongly cautioned to call the Office of Petitions to: (1) determine whether sufficient time remains before the patent issue date to consider (and grant) a petition, and (2) what steps are needed to ensure that a grantable petition is before an ...
Can you amend a provisional application?
Amendments in provisional applications are not normally made. If an amendment is made to a provisional application, however, it must comply with the provisions of 37 CFR 1.121. Any amendments to a provisional application will be placed in the provisional application file, but may not be entered.
What Taxes to Amend for Employee Retention Refunds
Can you refile a provisional application?
You can “refile” a U.S. provisional patent application but it is not recommended because of the loss of your priority date for the first provisional application and the potential loss of some (or all) of your patent rights.
Can an application be amended?
The court has the authority to allow amendments at any stage before the trial begins. The amendment must be necessary to resolve the real dispute between the parties.
How long from issue fee payment to issue notification?
When everything is in order, the issue notification typically comes 1-2 weeks after paying the Issue Fee. The USPTO formerly needed time for formatting the printing, but now that we have moved to electronic grants (eGrants), the issuance will come that much sooner.
When can an rce be filed?
The RCE may be filed with a response or subsequent to the filing of an after-final response. In most cases, you will likely want to file an Office Action response with further claim amendments and arguments in conjunction with the RCE.
What is the most ridiculous patent granted?
Some of the most ridiculous patents ever granted include a 1923 "tug-of-war" dental exerciser, a 2004 urinal headrest, a 1991 watch that calculates your life expectancy, and a 19th-century machine that drops blocks on your face to wake you up. Other absurd, granted patents include a "petting machine" for pets, a method for training cats, and a flatulence-filtering diaper.
When to file a continuation application?
The claims in a continuation patent application have the priority date of the parent patent application. Importantly, any continuation must be filed before the issuance or abandonment of the parent application. Filing a continuation is a way to take a single patent application and turn it into two or more patents.
What is the grace period rule?
In other words, it is a length of time during which rules or penalties are waived or deferred. Grace periods can range from a number of minutes to a number of days or longer, and can apply in situations including arrival at a job, paying a bill, or meeting a government or legal requirement.
How many patents does Elon Musk own?
As of 2025–2026, Elon Musk is listed as an inventor on approximately 25 patents and patent applications globally, with 13 active patents, according to reports from GreyB. His patents primarily cover vehicle design, autonomous vehicles, and charging technologies, despite his public statements expressing skepticism about the patent system.
What is the 312 Amendment?
Rule 312 Amendments are specific to patent applications after a notice of allowance. Minor amendments can be made without additional approval, while significant changes require supervisory review. Understanding the distinction between minor and significant amendments is crucial for patent applicants.
What is the difference between reissue and reexamination?
Reissue and reexamination are USPTO procedures to amend or challenge issued patents. Reissue corrects errors (narrowing or broadening scope) within two years, while reexamination tests validity based on prior art. Reissue is patentee-only, whereas reexamination can be requested by anyone, often used in litigation.
Can you file a PCT after 12 months?
(b) PCT route: you can file an application under the PCT, directly or within the 12-month period provided for by the Paris Convention from the filing date of a first application, which has legal effect in all Contracting States of the PCT.
Can you file an RCE after paying the issue fee?
The applicant must file the RCE with a qualifying submission and fee before: Paying the issue fee. Abandoning the application. Seeking judicial review.
What is the effective filing date for the continuation application?
For claims that are not fully supported by the prior-filed application, the effective filing date will be the actual filing date of the continuation application. In continuation-in-part applications, new matter introduced in the CIP application will have the filing date of the CIP as its effective filing date.
How much does a second RCE cost USPTO?
The cost of a first RCE has increased from $1,360 to $1,500, while second and subsequent RCEs now cost $2,860, a 43% increase from the prior $2,000 fee. This change incentivizes applicants to resolve issues earlier in prosecution and avoid repetitive RCE cycles.
What percentage of patent cases settle?
Of course, the vast majority of patent infringement actions (~97%) are settled. But when cases are tried, plaintiffs tend to win.
What is an issue fee?
An issuance fee is a one-time cost charged when creating or selling new financial instruments (like stocks, bonds, or letters of credit) or issuing documents (such as visas or cards). It covers expenses like legal, accounting, printing, and administrative fees incurred during the creation and sale of these items.
Who is the only president with a patent?
Abraham Lincoln is the only U.S. president to ever hold a patent.
What are the 4 steps of the amendment process?
The U.S. Constitution can be amended through four distinct methods outlined in Article V, combining two methods of proposal and two methods of ratification. The four combinations are:
Which cannot be amended?
Article 21 of the Constitution of India cannot be amended with a simple majority. Article 21 guarantees the protection of life and personal liberty, stating that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
Can you amend after filing?
If you need to make a change or adjustment on a return already filed, you can file an amended return. Use Form 1040-X, Amended U.S. Individual Income Tax Return, and follow the instructions.