What happens to amendments if a patent expires during reexamination?
If a patent expires during reexamination: All amendments to the patent claims and all claims added during the proceeding are withdrawn. The patent owner is notified in the next Office action. All subsequent reexamination will be on the basis of the unamended patent claims. No amendments, other than claim cancellations, will be incorporated into the…
Read MoreCan amendments be made to an expired patent during reexamination?
No, amendments cannot be made to an expired patent during reexamination. The MPEP clearly states: If the patent expires during the reexamination procedure, and the patent claims have been amended, the Office will hold the amendments as being improper and all subsequent reexamination will be on the basis of the unamended patent claims. This policy…
Read MoreWhat is the process for accepting delayed payment of maintenance fees in expired patents?
The Director of the USPTO may accept delayed payment of maintenance fees for expired patents if the delay is shown to be unintentional. According to MPEP 2590, the process involves: Filing a petition under 37 CFR 1.378(b) Paying the required maintenance fee Paying the petition fee Submitting a statement that the delay was unintentional The…
Read MoreHow are claims construed in ex parte reexamination?
In ex parte reexamination, claims are given the broadest reasonable interpretation consistent with the specification. The MPEP states: “During reexamination ordered under 35 U.S.C. 304, and also during reexamination ordered under 35 U.S.C. 257, claims are given the broadest reasonable interpretation consistent with the specification and limitations in the specification are not read into the…
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