When are amendments entered in a reexamination proceeding?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendments for Reexamination Must Comply with Rules MPEP 2270 Amendment Entered for Reexamination Despite Lack of Legal Effect MPEP 2270 Amendment Enlarging Claims Must Be Entered But Rejected MPEP 2270 Ex Parte Reexamination Certificate Required MPEP 1215.01 Recommended Ex Parte Reexamination Examination Conducted According to Specific Sections MPEP 2254 Rules for Ex Parte Reexamination of Patents MPEP 2201 Permitted Drawing Amendments Not Entered Ordinarily MPEP 2270 Rejection Must Be Based on Prior Art in Ex Parte Reexamination MPEP 2258 Prohibited Amendments Required for Merged Reissue-Reexamination MPEP 2270 New Matter Must Be Removed From Claims MPEP 2270 Required Other Related FAQs 5 FAQs Collapse How are amendments handled in merged reissue-reexamination proceedings? What happens if an amendment enlarges the scope of claims in a reexamination? What is the role of legal instrument examiners and paralegals in reexamination proceedings? How are &#8220;new matter&#8221; amendments handled in reexamination proceedings? How does the examine...