Can the title or abstract of a patent be changed during reexamination?
While it’s not common, the title or abstract of a patent can be changed during reexamination under certain circumstances. However, this process requires specific procedures and timing considerations. MPEP 2287 states: “Normally the title of the invention or the abstract will not need to be changed during reexamination. If a change to the title or…
Read MoreWhat happens if all claims are canceled in an ex parte reexamination?
What happens if all claims are canceled in an ex parte reexamination? If all claims are canceled in an ex parte reexamination, the proceeding concludes with a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC). The MPEP states: “If all claims are canceled in an ex parte reexamination proceeding, a NIRC will still…
Read MoreHow are canceled claims handled in the ex parte reexamination certificate?
Canceled claims are handled specifically in the ex parte reexamination certificate. The MPEP 2287 states: “Claims which were canceled will be replaced by a statement in the reexamination certificate that the claims were canceled.” This means that rather than simply omitting the canceled claims, the certificate explicitly acknowledges their cancellation. This approach ensures a clear…
Read MoreCan amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)?
Can amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)? Yes, limited amendments can be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) is issued. The MPEP provides specific guidance on this: “In some instances, even after a NIRC has been issued, amendments affecting…
Read MoreWhat happens if all claims are disclaimed in a patent under reexamination?
When all claims in a patent under reexamination are disclaimed, a special type of reexamination certificate is issued to reflect this fact. According to MPEP 2287: “If all of the claims are disclaimed in a patent under reexamination, a certificate under 37 CFR 1.570 will be issued indicating that fact.” This means that even if…
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