What happens to amendments if a patent expires during reexamination?

If a patent expires during reexamination:

• All amendments to the patent claims and all claims added during the proceeding are withdrawn.
• The patent owner is notified in the next Office action.
• All subsequent reexamination will be on the basis of the unamended patent claims.
• No amendments, other than claim cancellations, will be incorporated into the patent by a certificate issued after expiration.

The MPEP clearly states: “Pursuant to 37 CFR 1.530(j), ‘[n]o amendment may be proposed for entry in an expired patent.’ Thus, if a patent expires during the pendency of a reexamination proceeding for a patent, all amendments to the patent claims and all claims added during the proceeding are withdrawn.” This policy ensures that expired patents are not modified through reexamination.

To learn more:

• patent expiration
• reexamination
• amendments
• withdrawn amendments
• expired patents