What is a rule 312 Amendment?
Asked by: scraper | Last update: September 27, 2026Score: 0/5 (0 votes)
A Rule 312 Amendment (named after 37 CFR § 1.312) is a request filed in a U.S. patent application to make modifications after a Notice of Allowance has been mailed but before the issue fee is paid.
What is the rule 312 amendment?
A Rule 312 amendment (37 CFR § 1.312) refers to a request to modify a patent application after the USPTO has mailed a Notice of Allowance, but before the issue fee is paid. These amendments are not a matter of right and are entered solely at the examiner's discretion.
Can you file a 312 amendment after payment of the issue fee?
Can you file a post-allowance amendment after paying the issue fee? No. A post-allowance amendment must be filed on or before payment of the issue fee.
What happens after notice of allowance?
After issuance of the Notice of Allowance, the applicant has six months to file a statement of use (SOU), a specimen, and pay the appropriate fee to the USPTO. The specimen is proof that the mark is currently being used in commerce with the claimed goods and/or services.
Can a provisional patent application be amended?
Amendments are not permitted in provisional applications for patent after filing, other than those to make the provisional application comply with applicable regulations. You can simply refile the original provisional application with the amendments as a second provisional patent application (see next question below).
Law of the Sea Convention, Article 312, Amendment
Is a provisional patent worth anything?
A Provisional Patent Application Is Actually Worthless
A provisional patent application doesn't really protect anything by itself. You can't sue anyone for infringing on your invention using your provisional.
What does it mean when a patent is amended?
In simpler terms, an application becomes 'amended' when the applicant responds to an examiner's Office action, whether by making changes to the application, arguing against the examiner's rejections, or choosing between different inventions (election).
What is the most ridiculous patent granted?
The most ridiculous patent is frequently debated, but one all-time standout is U.S. Patent No. 6,293,874 for an "Amusement Apparatus for Kicking the User's Buttocks". It describes a machine where a user leans over, turns a hand crank, and gets repetitively spanked in the rear by a series of rotating padded arms.
How long does a notice of allowance take?
The exact time will depend on multiple factors, including the current backlog at the USPTO, potential problems with your mark, and oppositions coming from other trademark owners. However, if there are no issues, you can expect to receive the NoA about 6-8 months after filing your trademark application.
Who is the only president with a patent?
Abraham Lincoln is the only U.S. president to ever hold a patent.
How long after paying the issue fee does a patent issue?
As of May 13, 2025, it typically takes approximately two weeks for a patent to issue after the issue fee is paid and the Issue Notification is generated. With the USPTO's move to electronic grants (eGrants), the process is faster, with the "Issue Notification" usually arriving 1–2 weeks after payment, followed by the formal grant about two weeks later.
What does amendment fee mean?
An amendment fee is a charge applied when you request changes, corrections, or modifications to a previously agreed-upon contract, application, or reservation. It compensates the issuing party for the administrative time and operational costs required to process and update the paperwork.
What happens if you fail to amend pleadings?
The consequence of failure to amend the pleadings within the period specified therein as laid down in Order 6 Rule 18 of the Code is that the party shall not be permitted to amend its pleadings thereafter unless the time is extended by the court.
What is the evidence code 312?
Except as otherwise provided by law, where the trial is by jury: (a) All questions of fact are to be decided by the jury. (b) Subject to the control of the court, the jury is to determine the effect and value of the evidence addressed to it, including the credibility of witnesses and hearsay declarants.
Can you file an RCE after paying the issue fee?
In addition, applicants considering filing a RCE after payment of the issue fee are strongly cautioned to call the Office of Petitions to determine whether sufficient time remains before the patent issue date to consider (and grant) a petition under 37 CFR 1.313(c) and what steps are needed to ensure that a grantable ...
Can IP be bought and sold?
If you or your business own intellectual property, you have a choice of whether to use it for yourself, license it, or sell it.
What president was buried 17 times?
Abraham Lincoln was buried 17 times between 1865 and 1901.
What person owns the most patents?
Japanese inventor Shunpei Yamazaki holds the world record for the most patents credited to a single individual, with over 20,000 patents.
Who is the only U.S. president to have a PhD?
Woodrow Wilson is known as one of the nation's greatest presidents and is the only U.S. president to hold a Ph. D. degree. Wilson was the 28th U.S. president and served in office from 1913 to 1921.
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.
How much does a 20 year patent cost?
The full cost of obtaining and maintaining a U.S. patent over 20 years is in the range of $20,000 to $60,000. This sum is influenced by the type of technology being patented; the number of claims and drawings included in the application; the number and nature of rejections from USPTO; filing fees, etc.
What is the two month rule for patents?
A shortened statutory period may not be less than 30 days (35 U.S.C. 133). The Patent Law Treaty (PLT), which entered into force with respect to the United States on December 18, 2013, provides for a time period of at least two months for replies to most Office actions and other notices.
What is a poor man's patent?
A "poor man's patent" is a widely believed myth describing the practice of mailing a written description of an invention to yourself in a sealed, postmarked envelope. The goal is to use the postmark as cheap, third-party evidence to prove you conceived the idea first if someone steals your concept.
Why is Elon Musk against patents?
Elon Musk: “Patents Are for the Weak.” Musk doesn't mince words when it comes to patents. He argues they act like landmines, blocking innovation rather than driving it forward. In his view, patents don't protect great ideas—they just slow progress. And according to Musk, most patents are simply ineffective.
What is the most lucrative patent?
Patent No. 174,465, granted to Alexander Graham Bell in 1876 for the invention of the telephone, is often heralded as one of the most valuable patents ever issued.