What additional requirements are there for amendments in reexamination?

Amendments in reexamination must meet several additional requirements:

• They must comply with the formal requirements of 37 CFR 1.52(a) and (b).
• Amendments must include all fees required by 37 CFR 1.20(c), including excess claim fees if applicable.
• Each amendment must set forth the status of all patent claims and all added claims as of the date of submission.
• Each claim amendment must be accompanied by an explanation of support in the original disclosure of the patent.

The MPEP notes: “In accordance with 37 CFR 1.530(e), each amendment submitted must set forth the status of all patent claims and all added claims as of the date of the submission. The status to be set forth is whether the claim is pending, or canceled.” This ensures that the record clearly reflects the current status of all claims in the reexamination proceeding.

To learn more:

• patent reexamination
• amendments
• formal requirements
• claim status
• support explanation