How is the date of patentability of amended or new claims determined in ex parte reexamination?

How is the date of patentability of amended or new claims determined in ex parte reexamination?

In ex parte reexamination, the date of patentability for amended or new claims is determined based on the filing date of the request for reexamination. The MPEP provides clear guidance:

“The date of patentability of an amended or new claim in an ex parte reexamination proceeding is the filing date of the request for ex parte reexamination.” (MPEP 2287)

This means that any amended or new claims introduced during the reexamination process are evaluated for patentability based on the date the reexamination was requested, not the original patent filing date. This is important for considering prior art and other patentability factors.

To learn more:

• ex parte reexamination
• amended claims
• new claims
• date of patentability