When can a patent owner propose amendments during the reexamination process?

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.

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.