When can a patent owner propose amendments during the reexamination process?
A patent owner has multiple opportunities to propose amendments during the reexamination process. According to MPEP 2221, amendments can be proposed:
- With the initial reexamination request under 37 CFR 1.510(e)
- In a statement under 37 CFR 1.530(b) and (c)
- During the actual ex parte reexamination prosecution under 37 CFR 1.550(b)
The MPEP states: “Amendments may also be proposed by patent owners in a statement under 37 CFR 1.530(b) and (c) or during the actual ex parte reexamination prosecution (37 CFR 1.550(b)).” For more detailed information on amendments during reexamination, refer to MPEP § 2234 and MPEP § 2250.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2221 - Amendments Included In Request Filed Under 35 U.S.C. 302 By Patent Owner,
Patent Law,
Patent Procedure