Commissioner Decision 1313

A Final Action was issued in respect of a patent application. The matter was referred to the Patent Appeal Board (PAB). The Applicant voluntarily proposed amendments but was informed that, pursuant to section 31 of the Patent Rules, voluntary amendments are not permitted after the time to respond to the Final Action has passed, absent a formal directive from the Commissioner. The PAB found that all the issues raised by the Examiner would have been addressed by the voluntary amendments. Accordingly, the PAB recommended that the Commissioner invite the Applicant to make these amendments, which the Commissioner did.