How are amendments treated in terminated reexamination proceedings?
In terminated reexamination proceedings, amendments are treated as follows:
- Amendments submitted during the reexamination proceeding are not printed or entered into the patent.
- The MPEP 2278 states: “The amendments are merely placed in the reexamination file wrapper.“
- This treatment applies to all amendments, including those that were entered, not entered, and/or proposed during the reexamination proceeding.
It’s important to note that these amendments do not become part of the official patent document when the reexamination is terminated without a certificate.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2278 - Action Following Decision,
Patent Law,
Patent Procedure