What is required for reconsideration in a patent reexamination?
For reconsideration in a patent reexamination, the patent owner must respond to the Office action. As stated in MPEP 2269: “In order to be entitled to reconsideration, the patent owner must respond to the Office action. 37 CFR 1.111(b).” This response can be with or without amendment, and the patent will be reconsidered accordingly. To…
Read MoreWhat are the limitations on amendments after the second Office action in patent reexamination?
After the second Office action in patent reexamination, which is typically final, there are limitations on amendments. MPEP 2269 states: “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.” This means…
Read MoreCan a patent owner amend their patent during reexamination?
Yes, a patent owner can amend their patent during reexamination. According to MPEP 2269: “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.” However, it’s important to note that…
Read MoreHow many times can a patent be reconsidered during reexamination?
During patent reexamination, a patent can be reconsidered multiple times. MPEP 2269 indicates: “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.” This suggests that the reconsideration process can…
Read MoreWhat is a final action in patent reexamination?
A final action in patent reexamination is typically the second Office action issued by the examiner. MPEP 2269 refers to this: “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.” A…
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