How should patent owners submit amendments in a Reexamination of a Reexamination?
When submitting amendments in a Reexamination of a Reexamination, patent owners must present changes as if the modifications from the previous reexamination certificate are part of the original patent. MPEP 2295 states: “Any amendment to the claims (or specification) of the reexamination proceeding must be presented as if the changes made to the patent text…
Read MoreHow are claims considered in a Reexamination of a Reexamination?
In a Reexamination of a Reexamination, the claims are considered based on the modifications made by the previous reexamination certificate. MPEP 2295 states: “The reexamination request is to be considered based on the claims in the patent as modified by the previously issued reexamination certificate, and not based on the original claims of the patent.”…
Read MoreCan a claim lost in interference be reinstated or modified instead of cancelled?
While MPEP 1302.04(d) briefly mentions “Cancellation of Claim Lost in Interference [R-08.2012] See MPEP Chapter 2300“, it doesn’t provide details on alternatives to cancellation. However, based on the practices outlined in MPEP Chapter 2300, there are some potential alternatives to outright cancellation: Modification: In some cases, the applicant may be able to modify the lost…
Read More