What happens if no amendments or new claims are proposed during ex parte reexamination?
If no amendments or new claims are proposed during ex parte reexamination, the process concludes with specific actions. According to MPEP 2287:
“If no amendments have been proposed and no claims have been added, (A) and (B) above are carried out and (C) through (G) are omitted.”
This means that the examiner will prepare a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) and an examiner’s amendment to change the title if needed. The other steps related to amendments and new claims are skipped.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2287 - Conclusion Of Ex Parte Reexamination Proceeding,
Patent Law,
Patent Procedure