When do amendments become effective in a reexamined patent?
Amendments proposed in a reexamination proceeding do not become immediately effective in the patent. The MPEP clearly states:
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 the amendments are considered during the reexamination process, they only become officially part of the patent when the reexamination is concluded and a certificate is issued under 35 U.S.C. 316. Patent owners should be aware of this delay in effectiveness when planning their strategy for reexamination proceedings.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.01 - Amendment By Patent Owner,
Patent Law,
Patent Procedure