Asked in Patents (Intellectual Property)

Q: Can patent applications be modified between "Filed" date and "Publication Date"? If so, where are previous versions?

1 Lawyer Answer
Changi Wu
Changi Wu
Answered

A: Amendments may be allowed, if the amendments are submitted in sufficient time to be entered into the application file before technical preparations for publication of the application have begun (generally four months prior to the projected publication date). However, while USPTO will attempt to use the amendments submitted by applicants, applicants are not entitled to have the amendments used in the publication. Therefore, there is no guaranty for publication of the amended application. You may still file amendments prior or after office actions. Having said that, you should find a patent attorney to assist you, since the amendments you submitted will be in the file wrap, or entered into the record. These amendment will affect the examiner's prosecution history. Sometimes, the amendment may cause a rejection of your application, such as adding new matters. And furthermore, it will affect the claim construction while the patent is in a litigation. Therefore, you should find an attorney to assist you to evaluate when and how to file amendments.

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