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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amended or New Claims Must Not Enlarge Patent Scope MPEP 2287 Prohibited Review of Amended Claims Required at Panel Conference MPEP 2287 Notice of Intent to Issue Ex Parte Reexamination Certificate Must Be Prepared MPEP 2287 Required Review Required for Reexamination Certificate MPEP 2287 Required Examiner May Amend Patent for Reexamination Certificate MPEP 2287 Permitted Conference to Review Patentability of Claims MPEP 2287 Claims Must Be Withdrawn If Patent Expires During Reexamination MPEP 2287 Required Requirements for NIRC Submission Before Processing MPEP 2287 Recommended Claims Must Be Designated as Confirmed or Patentable MPEP 2287 Permitted Requirement for Submitting Amended Claims During Further Prosecution MPEP 2287 Other Related FAQs 5 FAQs Collapse What happens if all claims are disclaimed in a patent under reexamination? Can amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)? How are canceled claims handled in the ex parte reex...