Can new claims be added during ex parte reexamination?

Can new claims be added during ex parte reexamination? Yes, new claims can be added during ex parte reexamination, subject to certain conditions. According to MPEP 2250: New claims must be numbered consecutively beginning with the number next following the highest numbered patent claim. New claims must be completely underlined. New claims must not contain…

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How are amendments made in reissue applications?

Amendments in reissue applications must be made in accordance with 37 CFR 1.173. The key points are: All changes must be made relative to the original patent Matter to be omitted must be enclosed in brackets Matter to be added must be underlined For specification changes, submit the entire paragraph with markings For claim changes,…

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What is the purpose of the statement accompanying an Article 19 amendment?

An optional statement can accompany an Article 19 amendment. The MPEP explains its purpose: Any amendment may be accompanied by a brief statement by the applicant explaining the amendment and indicating any impact it might have on the description and the drawings. Such a statement is published together with the international application itself. This statement…

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How should claims be numbered in an Article 19 amendment?

When submitting an Article 19 amendment, proper numbering of claims is important. The MPEP provides guidance on this matter: All the claims appearing on a replacement sheet must be numbered in Arabic numerals (corresponding to the order of the claims). Where a claim is cancelled, no renumbering of the other claims is required. However, where…

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How should amendments be made in a reissue application if the patent was previously reexamined?

When amending a reissue application for a patent that was previously reexamined: Present the amendment as if changes from the reexamination certificate are part of the original patent Do not use italics for text that was italicized in the reexamination certificate Omit any text that was in brackets in the reexamination certificate Line through claims…

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What is the process for addressing rejections in design patent applications?

The process for addressing rejections in design patent applications involves a dialogue between the examiner and the applicant. According to MPEP 1504: “If the examiner determines that the claim of the design patent application does not satisfy the statutory requirements, the examiner will set forth in detail, and may additionally summarize, the basis for all…

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