How does the USPTO handle amendments or new claims in copending reexamination or reissue proceedings?

When deciding a request for reexamination, the USPTO does not consider or comment on amendments and/or new claims presented in any copending reexamination or reissue proceeding for the patent under consideration. As stated in MPEP 2243: Amendments and/or new claims presented in any copending reexamination or reissue proceeding for the patent to be reexamined will…

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What triggers intervening rights in inter partes reexamination?

Intervening rights in inter partes reexamination are triggered when a patent’s claims are amended or new claims are added during the reexamination process. The MPEP 2693 states: “Any proposed amended or new claim determined to be patentable and incorporated into a patent following an inter partes reexamination proceeding shall have the same effect as that…

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How are new claims numbered in patent reexamination?

Numbering of new claims in patent reexamination follows these rules: Original patent claims retain their numbers, even if canceled. New claims are numbered sequentially starting after the last original patent claim number. If new claims are canceled, their numbers are not reused for other new claims. At the time of the Notice of Intent to…

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