How are amendments made in patent reexamination proceedings?
Amendments in patent reexamination proceedings are made according to specific rules outlined in 37 CFR 1.530. The key points are:
- Amendments are made by filing a paper specifying changes to the patent specification, claims, or drawings.
- For specification changes, the entire text of added or rewritten paragraphs must be submitted with markings.
- For claim changes, the entire text of each changed or new claim must be provided with markings.
- Drawing changes must be submitted as a sketch for approval before final drawings are filed.
As stated in the MPEP: “ALL amendments in reexamination proceedings… must be presented in the form of a full copy of the text of each claim which is amended and each paragraph of the description which is amended.“
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2234 - Entry Of Amendments,
Patent Law,
Patent Procedure