Legal Definitions - amendment after payment of issue fee

An "amendment after payment of issue fee" refers to a highly restricted type of change made to a patent applicationafter the applicant has paid the final fee (known as the "issue fee") to the U.S. Patent and Trademark Office (USPTO) for the patent to be officially granted and published. At this very late stage in the patent process, amendments are typically limited to correcting obvious clerical errors, typographical mistakes, or making very minor clarifications that do not alter the scope of the invention, introduce new subject matter, or require further examination by a patent examiner. Such amendments usually require a special request or petition to the USPTO, demonstrating that the change is necessary and falls within these narrow allowances.

• Example 1 (Correcting a Clerical Error):

  A pharmaceutical company, "BioGen Innovations," has received notification that its patent application for a new drug compound has been allowed. They promptly pay the issue fee. Just before the patent is officially granted, a scientist at BioGen reviews the final proofs and discovers a minor typographical error in one of the chemical formulas listed in the patent's detailed description. This error is clearly a mistake and does not change the actual invention or its scope. BioGen Innovations would file an amendment after payment of issue fee to correct this obvious clerical error, providing a clear explanation of the mistake.

  How this illustrates the term: This example demonstrates the term because the amendment is made *after* the issue fee has been paid, and it involves correcting a minor, non-substantive clerical error, which is one of the few types of changes permitted at this final stage before a patent is issued.

• Example 2 (Minor Claim Clarification):

  An independent inventor, Ms. Evelyn Reed, has developed a unique water filtration system. Her patent application has been allowed, and she has paid the issue fee. While reviewing the final version of her patent claims, she realizes that one phrase, "a porous filter material," could potentially be interpreted too broadly by future competitors, even though the rest of her patent clearly defines the specific type of material. To prevent any ambiguity and slightly narrow the claim for greater precision without changing the core invention, she decides to amend it to "a microporous ceramic filter material." She would submit an amendment after payment of issue fee, explaining that this change is a minor clarification that does not introduce new subject matter or broaden the scope of her invention.

  How this illustrates the term: This scenario exemplifies the term as the amendment occurs *after* the issue fee has been paid. The change is a minor clarification and slight narrowing of a claim, aimed at improving precision without altering the fundamental scope of the invention, which is a permissible, though restricted, type of amendment at this late stage.

• Example 3 (Responding to Patent Office Suggestion):

  A small tech startup, "Quantum Leap Devices," has paid the issue fee for its patent on a novel quantum computing component. During a final administrative review by the USPTO's patent editor before publication, a minor inconsistency is noted in the numbering of figures referenced in the patent specification. The editor contacts Quantum Leap Devices, suggesting a small amendment to correct this formatting discrepancy to ensure clarity and consistency in the published patent document. Quantum Leap Devices then files an amendment after payment of issue fee to implement the suggested correction.

  How this illustrates the term: This example shows the term in action because the amendment is made *after* the issue fee has been paid. It's a non-substantive correction, potentially even initiated or suggested by the patent office itself, highlighting the very limited scope of changes allowed at this final stage before a patent is formally granted.