Patent bar Allowance, issue, reissue and correction of patents question: notice of allowance issued in Olga Ivanova's application on Tuesday

Answer: C. The amendment will not be entered, because a 1.312 amendment must be filed on or before the date the issue fee is paid

Answer: The amendment will not be entered, because a 1.312 amendment must be filed on or before the date the issue fee is paid. No amendment may be made as of right after a notice of allowance, and any amendment under 37 CFR 1.312 must be filed before or with payment of the issue fee (37 CFR 1.312; MPEP 714.16). The only exception is an amendment required by the Office of Data Management. Ivanova paid on April 17, so her April 22 amendment is not entered. Why not the others: - Entered as of right: no amendment after allowance is entered as a matter of right, whatever it changes. - Entered if no search is needed: that standard applies only to timely 1.312 amendments filed with or before the issue fee. - A 1.183 waiver: the MPEP directs that amendments filed after payment are simply not entered; correction must come after grant. - A certificate of correction is available only for an issued patent, and it must be requested separately. Rule: Amendments under 37 CFR 1.312 must be filed no later than payment of the issue fee and are never entered as of right. Source: MPEP § 714.16, § 1303.01 (9th ed., Rev. 01.2024); 37 CFR 1.312; as at Oct 2026