MPEP § 1305 — MPEP § 1305
Current through: 2022-07-01

1305-Jurisdiction 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1300 

 Section 1305 
 

 
 
 
 
 
 1305 Jurisdiction [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 .
 

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 1301-Substantially Allowable Application, Special 

 1302-Preparation of an Application for Allowance 
 1302.01-General Review of Disclosure 

 1302.02-Requirement for a Rewritten Specification 

 1302.03-Notice of Allowability 

 1302.04-Examiner’s Amendments and Changes 
 1302.04(a)-Title of Invention 

 1302.04(b)-[Reserved] 

 1302.04(c)-Cancellation of Claims to Nonelected Invention 

 1302.04(d)-Cancellation of Claim Lost in Interference 

 1302.04(e)-Cancellation of Rejected Claims Following Appeal 

 1302.04(f)-[Reserved] 

 1302.04(g)-Identification of Claims 

 1302.04(h)-Rejoinder of Claims 

 
 

 1302.05-Correction of Drawing 

 1302.06-Prior Foreign Application 

 1302.07-[Reserved] 

 1302.08-Interference Search 

 1302.09-Classification, Print Figure, and Other Notations 

 1302.10-Issue Classification Notations 

 1302.11-[Reserved] 

 1302.12-Listing of References 

 1302.13-Signing 

 1302.14-Reasons for Allowance 

 
 

 1303-Notice of Allowance 
 1303.01-Amendment Received After Allowance 

 1303.02-Undelivered 

 1303.03-Not Withheld Due to Death of Inventor 

 
 

 1304-Amendments After D-10 Notice 
 1304.01-Withholding From Issue of “Secrecy Order” Applications 

 
 

 1305-Jurisdiction 

 1306-Issue Fee 
 1306.01-Deferring Issuance of a Patent 

 1306.02-Simultaneous Issuance of Patents 

 1306.03-Practice After Payment of Issue Fee; Receipt of Issue Notification 

 
 

 1307-[Reserved] 

 1308-Withdrawal From Issue 
 1308.01-Rejection After Allowance 

 1308.02-For Interference or Derivation Purposes 

 1308.03-Quality Review for Examined Patent Applications 

 
 

 1309-Issue of Patent 
 1309.01-[Reserved] 

 1309.02-“Printer Rush” Cases 

 
 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:26