---
kind: "section"
citation: "37 C.F.R. § 1.115"
title: "37"
number: "1.115"
heading: "Preliminary amendments."
url: "https://uscodex.org/cfr/37/1.115"
---

# §1.115. Preliminary amendments.

- (a) A preliminary amendment is an amendment that is received in the Office ([§ 1.6](/cfr/37/1.6.md)) on or before the mail date of the first Office action under [§ 1.104](/cfr/37/1.104.md). The patent application publication may include preliminary amendments ([§ 1.215(a)](/cfr/37/1.215.md?p=a)).
  - (1) A preliminary amendment that is present on the filing date of an application is part of the original disclosure of the application.
  - (2) A preliminary amendment filed after the filing date of the application is not part of the original disclosure of the application.
- (b) A preliminary amendment in compliance with [§ 1.121](/cfr/37/1.121.md) will be entered unless disapproved by the Director.
  - (1) A preliminary amendment seeking cancellation of all the claims without presenting any new or substitute claims will be disapproved.
  - (2) A preliminary amendment may be disapproved if the preliminary amendment unduly interferes with the preparation of a first Office action in an application. Factors that will be considered in disapproving a preliminary amendment include:
    - (i) The state of preparation of a first Office action as of the date of receipt ([§ 1.6](/cfr/37/1.6.md)) of the preliminary amendment by the Office; and
    - (ii) The nature of any changes to the specification or claims that would result from entry of the preliminary amendment.
  - (3) A preliminary amendment will not be disapproved under (b)(2) of this section if it is filed no later than:
    - (i) Three months from the filing date of an application under [§ 1.53(b)](/cfr/37/1.53.md?p=b);
    - (ii) The filing date of a continued prosecution application under [§ 1.53(d)](/cfr/37/1.53.md?p=d); or
    - (iii) Three months from the date the national stage is entered as set forth in [§ 1.491](/cfr/37/1.491.md) in an international application.
  - (4) **The time periods specified in paragraph (b)(3) of this section are not extendable.**

## Notes

### Amendments

[69 FR 56543, Sept. 21, 2004]

### Authority

Authority: Secs. 1.115 to 1.127 also issued under 35 U.S.C. 132.

### Authority

Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.

### Source

Source: 24 FR 10332, Dec. 22, 1959, unless otherwise noted.

### Amendments

[69 FR 56543, Sept. 21, 2004]