MPEP § 2269 — Reconsideration (Annotated Rules)

§2269 Reconsideration

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 2269, 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.

Reconsideration

This section addresses Reconsideration. Primary authority: 37 CFR 1.111(b) and 37 CFR 1.112. Contains: 2 requirements, 1 permission, and 1 other statement.

Key Rules

Topic

Amendments Adding New Matter

3 rules
StatutoryInformativeAlways
[mpep-2269-91780f6b2e6233d67253d167]
Patent Owner Must Respond to Office Actions
Note:
The patent owner must respond to Office actions, which may include amendments, and the application will be reconsidered unless the examiner indicates a final action.

In order to be entitled to reconsideration, the patent owner must respond to the Office action. 37 CFR 1.111(b). The patent owner may respond to such Office action with or without amendment and the patent under reexamination will be reconsidered, and so on repeatedly unless the examiner has indicated that the action is final. See 37 CFR 1.112. Any amendment after the second Office action, which will normally be final as provided for in MPEP § 2271, must ordinarily be restricted to the rejection or to the objection or requirement made.

Jump to MPEP Source · 37 CFR 1.111(b)Amendments Adding New MatterRejections Not Based on Prior ArtRejection vs. Objection
StatutoryPermittedAlways
[mpep-2269-d42b76f652673f7b22f23179]
Patent Owner May Respond Without Amendment
Note:
The patent owner can respond to an Office action with or without amendments and the patent will be reconsidered repeatedly until the examiner indicates a final action.

In order to be entitled to reconsideration, the patent owner must respond to the Office action. 37 CFR 1.111(b). The patent owner may respond to such Office action with or without amendment and the patent under reexamination will be reconsidered, and so on repeatedly unless the examiner has indicated that the action is final. See 37 CFR 1.112. Any amendment after the second Office action, which will normally be final as provided for in MPEP § 2271, must ordinarily be restricted to the rejection or to the objection or requirement made.

Jump to MPEP Source · 37 CFR 1.111(b)Amendments Adding New MatterRejections Not Based on Prior ArtAmendments to Application
StatutoryRequiredAlways
[mpep-2269-35ec1daea298267544c219e3]
Amendments After Second Office Action Must Be Restricted
Note:
Patent owners must restrict amendments after the second final Office action to address specific rejections, objections, or requirements.

In order to be entitled to reconsideration, the patent owner must respond to the Office action. 37 CFR 1.111(b). The patent owner may respond to such Office action with or without amendment and the patent under reexamination will be reconsidered, and so on repeatedly unless the examiner has indicated that the action is final. See 37 CFR 1.112. Any amendment after the second Office action, which will normally be final as provided for in MPEP § 2271, must ordinarily be restricted to the rejection or to the objection or requirement made.

Jump to MPEP Source · 37 CFR 1.111(b)Amendments Adding New MatterRejection vs. ObjectionAmendments to Application
Topic

Examination Procedures

1 rules
StatutoryRequiredAlways
[mpep-2269-fc14931658d46f8330d36bb3]
Patent Owner Must Respond to Office Action for Reconsideration
Note:
The patent owner must respond to the Office action in order to be entitled to reconsideration, with or without amendment.

In order to be entitled to reconsideration, the patent owner must respond to the Office action. 37 CFR 1.111(b). The patent owner may respond to such Office action with or without amendment and the patent under reexamination will be reconsidered, and so on repeatedly unless the examiner has indicated that the action is final. See 37 CFR 1.112. Any amendment after the second Office action, which will normally be final as provided for in MPEP § 2271, must ordinarily be restricted to the rejection or to the objection or requirement made.

Jump to MPEP Source · 37 CFR 1.111(b)Examination ProceduresAmendments Adding New MatterRejections Not Based on Prior Art

Citations

Primary topicCitation
Amendments Adding New Matter
Examination Procedures
37 CFR § 1.111(b)
Amendments Adding New Matter
Examination Procedures
37 CFR § 1.112
Amendments Adding New Matter
Examination Procedures
MPEP § 2271

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.

BlueIron Last Updated: 2025-12-31