37 CFR 1.115
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`This document is current through the January 27, 2020 issue of the Federal Register. Title 3 is current through
`December 31, 2019.
`
`Code of Federal Regulations > TITLE 37 -- PA TENTS, TRADEMARKS, AND COPYRIGHTS >
`CHAPTER I -- UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF
`COMMERCE > SUBCHAPTER A -- GENERAL > PART 1 -- RULES OF PRACTICE IN PA TENT
`CASES > SUBPART B -- NATIONAL PROCESSING PROVISIONS > PATENTS > AMENDMENTS
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`§ 1.115 Preliminary amendments.
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`(a)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§ 1.104. The 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.
`
`(b)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.
`
`(2)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 amendment include:
`
`(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 :
`
`(i)Three months from the filing date of an application under § 1.53(b );
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`(ii)The filing date of a continued prosecution application under§ 1.53(d); or
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`(iii)Three months from the date the national stage is entered as set forth in § 1.491 in an
`international application.
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`(4)The time periods specified in paragraph (b)(3) of this section are not extendable.
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`Statutory Authority
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`AUTHORITY NOTE APPLICABLE TO ENTIRE PART:
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`35 U.S.C. 2(b)(2), unless otherwise noted.
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`* EXHIBIT
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`History
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`37 CFR 1.115
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`Page 2 of 2
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`!65 FR 54604. 54672. Sept. 8, 2000; 69 FR 56482. 56543, Sept. 21, 2004]
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`LEXISNEXIS' CODE OF FEDERAL REGULATIONS
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