Can a patent owner include amendments with a reexamination request?

Yes, a patent owner can include proposed amendments with a reexamination request. According to MPEP 2221, “Under 37 CFR 1.510(e), a patent owner may include a proposed amendment with his or her request.” However, it’s important to note that these amendments must comply with specific regulations:

• The amendments must be in accordance with 37 CFR 1.530(d) through (j).
• They must follow the format and requirements outlined in MPEP § 2250.
• If the amendment adds claims, excess claims fees may apply under 37 CFR 1.20(c)(3) and (c)(4).

To learn more:

• patent amendments
• reexamination request
• excess claims fees
• patent owner rights