The Rule 116 Amendment refers to a specific type of amendment made to a patent application after it has received a final rejection from the patent examiner. This amendment allows applicants to modify their application by dropping claims or making changes in form, but it does not permit the addition of new claims or the introduction of new issues for consideration by the examiner.
The Rule 116 Amendment is primarily used in patent law. It is applicable during the prosecution of a patent application, particularly after a final rejection has been issued. Applicants may utilize this amendment to refine their applications and address issues identified by the examiner. Users can often manage this process themselves with the appropriate legal forms, such as those provided by US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
(Hypothetical example) An inventor receives a final rejection on their patent application for a new type of bicycle. They decide to file a Rule 116 Amendment to remove one of the claims that the examiner found problematic, while also clarifying the language of the remaining claims without adding any new claims.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| State | Variation |
|---|---|
| California | Similar procedures apply, with specific local rules for filing amendments. |
| Texas | Follows federal guidelines closely, with minimal state-specific variations. |
| New York | Similar to federal rules, but may have additional local requirements. |
| Term | Definition | Difference |
|---|---|---|
| Rule 116 Amendment | An amendment made after a final rejection that cannot add claims. | Focuses on refining existing claims without introducing new ones. |
| Preliminary Amendment | An amendment filed before a final rejection. | Can add new claims or modify existing ones before final rejection. |
| Continuation Application | A new application filed for additional claims based on a previous application. | Allows for new claims to be added, unlike Rule 116 Amendment. |
If you are considering a Rule 116 Amendment for your patent application, it is crucial to carefully review the examiner's feedback. You can prepare your amendment using templates available through US Legal Forms, which can guide you through the process. However, if your situation is complex, consulting with a patent attorney may be beneficial to ensure compliance with all legal requirements.
No, you cannot add new claims with this amendment.
