When are amendments entered in a reexamination proceeding?
Amendments in a reexamination proceeding are generally entered if they comply with certain conditions. According to MPEP 2270:
“Amendments submitted with a request filed under 35 U.S.C. 302, or after reexamination is ordered under 35 U.S.C. 304 or under 35 U.S.C. 257, and which comply with 37 CFR 1.530(d) – (j), will generally be entered for purposes of reexamination in the reexamination file if submitted prior to a final action.”
However, it’s important to note that while an amendment may be entered, it doesn’t have legal effect until the reexamination certificate is issued.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2270 - Clerical Handling,
Patent Law,
Patent Procedure