Legal Definitions - examiner's amendment

An examiner's amendment refers to minor, formal changes made to a patent or trademark application by the examining attorney at the patent or trademark office, rather than by the applicant themselves. These adjustments are typically administrative or clerical in nature and do not alter the substantive scope or meaning of the application, unless the applicant has specifically authorized the examiner to make certain substantive changes, such as amending or canceling claims in a patent application.

• Example 1: Patent Application Drawing References

  Imagine a patent application for a new mechanical device. In the detailed description, the applicant consistently refers to a specific component as "the lever mechanism shown in Figure 2B." However, in the actual patent drawings submitted, the corresponding figure is labeled simply as "Fig. 2B." If the applicant has given general authorization for formal corrections, the patent examiner might issue an examiner's amendment to standardize all references in the written description to "Fig. 2B" to match the drawing label, ensuring consistency without changing the technical content or scope of the invention.

• Example 2: Trademark Application Description of Goods/Services

  Consider a trademark application for a new brand of coffee. The applicant lists the goods associated with the trademark as "roasted coffee beans, ground coffee, instant coffee, and coffee-based beverages." If, in one instance, the applicant accidentally used a hyphen instead of a comma (e.g., "instant coffee-and coffee-based beverages"), the trademark examiner could issue an examiner's amendment to correct the punctuation to a comma, ensuring the list is grammatically correct and consistent with standard practice, without altering the types of goods for which the trademark is sought.

• Example 3: Patent Application Claim Renumbering

  Suppose a patent application initially contained 15 claims. During the examination process, the applicant decided to voluntarily withdraw or cancel claims 5, 8, and 12. This would leave gaps in the numbering sequence (e.g., Claim 4 followed by Claim 6). If the applicant has provided prior authorization for formal amendments, the patent examiner might use an examiner's amendment to renumber the remaining claims sequentially (e.g., renumbering Claim 6 to Claim 5, Claim 7 to Claim 6, and so on) to maintain proper order and clarity, without changing the wording or substance of any of the remaining claims.