What happens if no amendments or new claims are proposed during ex parte reexamination?

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notice of Intent to Issue Ex Parte Reexamination Certificate Must Be Prepared MPEP 2287 Required Notice of Intent to Issue Reexamination Certificate Required MPEP 2287 Notice of Intent to Issue Reexamination Certificate Terminates Prosecution MPEP 2287 Notice of Intent to Issue Reexamination Certificate Required When Conference Confirms Examiner’s Decision MPEP 2287 Required NIRC Action With Examiner’s Amendment Cancelling All Claims MPEP 2287 Examiner’s Amendment Requires Checking Box 7 and Using Form Paragraph 22.06 for Attachments MPEP 2287 Examiner’s Amendment for Patentable Claims MPEP 2287 Review Required for Reexamination Certificate MPEP 2287 Required Amended or New Claims Must Not Enlarge Patent Scope MPEP 2287 Prohibited Claims Must Be Withdrawn If Patent Expires During Reexamination MPEP 2287 Required Other Related FAQs 5 FAQs Collapse What happens if all claims are disclaimed in a patent under reexamination? Can amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)? How are canceled claims handled in the ex parte reexamination certificate? What happens ...