Who May Request Amendment

Date Published

Under sec 104, an applicant or patentee may ask for leave to amend a patent request, complete specification or any other filed document, for any purpose including (but not limited to) removing a lawful ground of objection or correcting a clerical error or an obvious mistake.

Only the applicant, in the case of an application, or the patentee, in the case of a patent, may ask for leave to amend under sec 104. Where the request is not made by the applicant or patentee, examiners should issue an adverse report referring to the ineligibility of the person requesting amendment. Unless it is absolutely clear that the request cannot be amended to correct the eligibility problem, other aspects of the request should also be reported upon.