How does the USPTO handle claim amendments during copending reexamination and interference?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 6 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO handles claim amendments carefully during copending reexamination and…
Read MoreWhat are the requirements for amending claims in a reexamination proceeding?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Amending claims in a reexamination proceeding must follow specific guidelines…
Read MoreCan the PTAB recommend claim amendments to make a claim patentable in inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, the Patent Trial and Appeal Board (PTAB) does not…
Read MoreCan a negative limitation be used to overcome a prior art rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, a negative limitation can be used to overcome a…
Read MoreHow are new and amended claims presented in an Ex Parte Reexamination Certificate?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The Ex Parte Reexamination Certificate has a specific format for…
Read MoreHow are claim amendments handled in inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. In inter partes reexamination, claim amendments are subject to specific…
Read MoreCan amending a claim lead to a rejection under 35 U.S.C. 112(a)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, amending a claim to include an invention not described…
Read MoreCan a patent owner file an ex parte reexamination request?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, a patent owner can file an ex parte reexamination…
Read MoreCan patent claims be broadened during inter partes reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 3 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, patent claims cannot be broadened during inter partes reexamination.…
Read MoreCan an applicant amend claims to overcome a finding of equivalence?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, applicants have the opportunity to amend claims to overcome…
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