MPEP § 1305 — Jurisdiction
Ninth Edition, Revision 01.2024 · last revised R-07.2022
Jurisdiction of the application remains with the primary examiner until the Notice of Allowance is mailed. However, the examiner may permit amendments under 37 CFR 1.312 which are confined to matters of form in the specification or claims, or to the cancellation of a claim or claims. The examiner’s action on other amendments under 37 CFR 1.312 consists of a recommendation to the Director.
To regain jurisdiction over the application, the examiner must write a letter to the Director requesting it. See MPEP § 1308 and § 1308.02.
Once the patent has been granted, the U.S. Patent and Trademark Office can take no action concerning it, except as provided in 35 U.S.C. 135, 35 U.S.C. 154, 35 U.S.C. 156, 35 U.S.C. 251 through 256, 35 U.S.C. 302 through 307, 35 U.S.C. 311 through 319 and 35 U.S.C. 321 through 329.
Cited authority
- 37 CFR 1.312 Amendments after allowance
- 1308 Withdrawal From Issue
- 1308.02 For Interference or Derivation Purposes
- 35 U.S.C. 135 (pre-AIA) Interferences
- 35 U.S.C. 154 Contents and term of patent; provisional rights
- 35 U.S.C. 156 Extension of patent term
- 35 U.S.C. 251 (pre-AIA) Reissue of defective patents
- 35 U.S.C. 256 Correction of named inventor
- 35 U.S.C. 302 Request for reexamination
- 35 U.S.C. 307 Certificate of patentability, unpatentability, and claim cancellation
- 35 U.S.C. 311 Inter partes review
- 35 U.S.C. 319 Appeal
- 35 U.S.C. 321 Post-grant review
- 35 U.S.C. 329 Appeal