MPEP § 2270 — Clerical Handling (Annotated Rules)
§2270 Clerical Handling
This page consolidates and annotates all enforceable requirements under MPEP § 2270, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Clerical Handling
This section addresses Clerical Handling. Primary authority: 35 U.S.C. 302, 35 U.S.C. 304, and 35 U.S.C. 257. Contains: 1 requirement and 4 other statements.
Key Rules
Amendments in Reexamination
Where an amendment is submitted in proper form prior to a final action and it is otherwise appropriate to enter the amendment, the amendment will be entered for purposes of the reexamination proceeding, even though the amendment does not have legal effect until the certificate is issued. Any “new matter” amendment to the disclosure (35 U.S.C. 132) will be required to be canceled, and claims containing new matter will be rejected under 35 U.S.C. 112. A “new matter” amendment to the drawing is ordinarily not entered. See MPEP §§ 608.04, 608.04(a), and 608.04(c). Where an amendment enlarges the scope of the claims of the patent, the amendment will be entered; however the appropriate claims will be rejected under 35 U.S.C. 305.
Where an amendment is submitted in proper form prior to a final action and it is otherwise appropriate to enter the amendment, the amendment will be entered for purposes of the reexamination proceeding, even though the amendment does not have legal effect until the certificate is issued. Any “new matter” amendment to the disclosure (35 U.S.C. 132) will be required to be canceled, and claims containing new matter will be rejected under 35 U.S.C. 112. A “new matter” amendment to the drawing is ordinarily not entered. See MPEP §§ 608.04, 608.04(a), and 608.04(c). Where an amendment enlarges the scope of the claims of the patent, the amendment will be entered; however the appropriate claims will be rejected under 35 U.S.C. 305.
Reexamination Order
Amendments submitted with a request filed under 35 U.S.C. 302, or after reexamination is ordered under 35 U.S.C. 304 or under 35 U.S.C. 257, and which comply with 37 CFR 1.530(d) – (j), will generally be entered for purposes of reexamination in the reexamination file if submitted prior to a final action. See MPEP § 2234 and § 2250 for the manner of entering amendments.
Reissue and Reexamination
For entry of amendments in a merged reissue-reexamination proceeding, see MPEP § 2283 and § 2285.
Reexamination Certificate
Where an amendment is submitted in proper form prior to a final action and it is otherwise appropriate to enter the amendment, the amendment will be entered for purposes of the reexamination proceeding, even though the amendment does not have legal effect until the certificate is issued. Any “new matter” amendment to the disclosure (35 U.S.C. 132) will be required to be canceled, and claims containing new matter will be rejected under 35 U.S.C. 112. A “new matter” amendment to the drawing is ordinarily not entered. See MPEP §§ 608.04, 608.04(a), and 608.04(c). Where an amendment enlarges the scope of the claims of the patent, the amendment will be entered; however the appropriate claims will be rejected under 35 U.S.C. 305.
Scope of Amendments Permitted
Where an amendment is submitted in proper form prior to a final action and it is otherwise appropriate to enter the amendment, the amendment will be entered for purposes of the reexamination proceeding, even though the amendment does not have legal effect until the certificate is issued. Any “new matter” amendment to the disclosure (35 U.S.C. 132) will be required to be canceled, and claims containing new matter will be rejected under 35 U.S.C. 112. A “new matter” amendment to the drawing is ordinarily not entered. See MPEP §§ 608.04, 608.04(a), and 608.04(c). Where an amendment enlarges the scope of the claims of the patent, the amendment will be entered; however the appropriate claims will be rejected under 35 U.S.C. 305.
Citations
| Primary topic | Citation |
|---|---|
| Amendments in Reexamination Reexamination Certificate Scope of Amendments Permitted | 35 U.S.C. § 112 |
| Amendments in Reexamination Reexamination Certificate Scope of Amendments Permitted | 35 U.S.C. § 132 |
| Reexamination Order | 35 U.S.C. § 2250 |
| Reissue and Reexamination | 35 U.S.C. § 2285 |
| Reexamination Order | 35 U.S.C. § 257 |
| Reexamination Order | 35 U.S.C. § 302 |
| Reexamination Order | 35 U.S.C. § 304 |
| Amendments in Reexamination Reexamination Certificate Scope of Amendments Permitted | 35 U.S.C. § 305 |
| Reexamination Order | 37 CFR § 1.530(d) |
| Reexamination Order | MPEP § 2234 |
| Reissue and Reexamination | MPEP § 2283 |
| Amendments in Reexamination Reexamination Certificate Scope of Amendments Permitted | MPEP § 608.04 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2270 — Clerical Handling
Source: USPTO2270 Clerical Handling [R-07.2015]
The legal instrument examiners and paralegals will handle most of the initial clerical processing of the reexamination file. The Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) or Technology Center (TC) Quality Assurance Specialist (QAS) provides oversight as to clerical processing.
Amendments submitted with a request filed under 35 U.S.C. 302, or after reexamination is ordered under 35 U.S.C. 304 or under 35 U.S.C. 257, and which comply with 37 CFR 1.530(d)–(j), will generally be entered for purposes of reexamination in the reexamination file if submitted prior to a final action. See MPEP § 2234 and § 2250 for the manner of entering amendments.
For entry of amendments in a merged reissue-reexamination proceeding, see MPEP § 2283 and § 2285.
Where an amendment is submitted in proper form prior to a final action and it is otherwise appropriate to enter the amendment, the amendment will be entered for purposes of the reexamination proceeding, even though the amendment does not have legal effect until the certificate is issued. Any “new matter” amendment to the disclosure (35 U.S.C. 132) will be required to be canceled, and claims containing new matter will be rejected under 35 U.S.C. 112. A “new matter” amendment to the drawing is ordinarily not entered. See MPEP §§ 608.04, 608.04(a), and 608.04(c). Where an amendment enlarges the scope of the claims of the patent, the amendment will be entered; however the appropriate claims will be rejected under 35 U.S.C. 305.