When do amendments become effective in patent reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 proposed during patent reexamination do not become legally effective immediately. According to MPEP 2234 : “Although the Office actions will treat proposed amendments as though they have been entered, the proposed amendments will not be effective until the reexamination certificate is issued and published.” This means that while amendments are considered for examination purposes, they only become officially part of the patent when the reexamination process is complete and a certificate is issued. This delay in effectiveness ensures that the public is properly notified of changes to the patent through the publication of the reexamination certificate. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Rules for Ex Parte Reexamination of Patents MPEP 2201 Permitted Ex Parte Reexamination Certificate Required MPEP 1215.01 Recommended Amendments Required for Merged Reexamination Proceedings MPEP 2234 Ex Parte Reexamination Examination Conducted According to Specific Sections MPEP 2254 Clerical Handling of Amendments by Patent Owner MPEP 2234 All Amendments Must Be Fully Presented MPEP 2234 Required Rejection Must Be Based on Prior Art in Ex Parte Reexamination MPEP 2258 Prohibited Reexamination Certificate Is Required MPEP 2214 Required All Changes Must Be Indicated In Amendments MPEP 2234 Recommended Reexamination Certificate Publication After NIRC MPEP 2256 Other Related FAQs 5 FAQs Collapse Can the scope of patent claims be enlarged during reexamination? How are patent claim numbers handled during reexamination? What are the marking requirements for amendments in patent reexamination? How are amendments made in patent reexamination proceedings? What additi...