Legal Definitions - amendment after appeal

Amendment after appeal refers to a modification made to a patent application after an appeal has been taken from its final rejection. This amendment is not a matter of right, but it is frequently allowed if it puts the case in better form for consideration on appeal or helps implement an examiner's recommendation.

• An applicant submits an amendment after an appeal has been taken from the final rejection of their patent application. The amendment narrows the claims and addresses the examiner's concerns. This amendment is allowed as it puts the case in better form for consideration on appeal.
• Another applicant submits an amendment after an appeal has been taken from the final rejection of their patent application. The amendment adds new claims that were not previously included in the application. This amendment is not allowed as it raises new issues for the examiner and is not permitted after a final rejection.

These examples illustrate how an amendment after appeal can be allowed or disallowed depending on the nature of the changes made to the patent application. It is important for applicants to carefully consider the impact of any amendments they wish to make after an appeal has been taken.