What is the process for getting approval for patent drawing changes in reexamination?

The process for getting approval for patent drawing changes in reexamination involves the following steps: Submit a sketch: The patent owner must submit a sketch in permanent ink showing the proposed changes or amendments. Proper labeling: The sketch should be submitted as a separate paper and clearly labeled as “Annotated Sheet.” Examiner review: The examiner…

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Can amendments be submitted with a supplemental examination request?

No, amendments cannot be submitted with a supplemental examination request. MPEP 2809 clearly states: “No amendment may be filed in a supplemental examination proceeding. 37 CFR 1.620(f). Any paper containing an amendment that is filed in a supplemental examination proceeding is an unauthorized paper, and will be expunged from the file if inadvertently entered.” However,…

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Are amendments or new claims considered during supplemental examination?

No, amendments and new claims presented in copending post-patent Office proceedings are not considered during the supplemental examination process. According to MPEP 2816.01: “Amendments and/or new claims presented in any copending post-patent Office proceeding for the patent to be examined will not be considered nor commented upon when deciding a request for supplemental examination.” However,…

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How do I amend a “Sequence Listing” in a granted patent?

Amending a “Sequence Listing” in a granted patent is addressed in 37 CFR 1.825(d). The process applies to amendments made by certificate of correction, reissue, or reexamination. The MPEP states: “Any appropriate amendments to the ‘Sequence Listing’ in a patent (e.g., by reason of reissue, reexamination, or a certificate of correction) must comply with the…

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How can an interference involving a patent under reexamination be suspended?

An interference involving a patent under reexamination can be suspended through a motion decided by Administrative Patent Judges. According to MPEP 1002.02(g): “5. Motion to suspend an interference involving a patent under ex parte or inter partes reexamination. 37 CFR 1.565(e) and 1.993.” This process is governed by 37 CFR 1.565(e) for ex parte reexamination…

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