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Simple English definitions for legal terms
Rule 116 amendment
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A quick definition of Rule 116 amendment:
Rule 116 Amendment: This refers to a type of amendment made to a patent application after a final action has been taken. It is a process that allows the applicant to make changes to their application in order to address any issues or concerns raised by the patent examiner. This amendment is made in accordance with Rule 116 of the patent application process.
A more thorough explanation:
RULE 116 AMENDMENT
A Rule 116 amendment refers to an amendment made to a patent application after a final action has been taken by the patent examiner. This type of amendment is also known as an amendment after final action.
Example 1: A patent application has been filed for a new type of smartphone. The patent examiner has issued a final rejection of the application, stating that the claims are not novel or non-obvious. The applicant decides to file a Rule 116 amendment to address the examiner's concerns and argue that the claims are indeed novel and non-obvious.
Example 2: A patent application has been filed for a new type of medical device. The patent examiner has issued a final rejection of the application, stating that the claims are too broad and cover too many different types of devices. The applicant decides to file a Rule 116 amendment to narrow the claims and focus on a specific type of device.
When a patent examiner issues a final rejection of a patent application, it means that they have reviewed the application and determined that the claims are not allowable. However, the applicant still has the option to file a Rule 116 amendment to try to overcome the rejection. This type of amendment can address the examiner's concerns and provide additional arguments or evidence to support the claims. The examples illustrate how an applicant might use a Rule 116 amendment to address different types of rejections and improve their chances of obtaining a patent.