What is the significance of the examiner’s amendment in ex parte reexamination?
The examiner’s amendment plays a crucial role in ex parte reexamination, particularly for title changes. According to MPEP 2287: “An examiner’s amendment can be prepared to change the title of the patent to correspond to the invention as reexamined.” This amendment ensures that the title accurately reflects the subject matter of the patent after reexamination.…
Read MoreCan a patent owner contest a title change during reexamination?
While a patent owner can comment on a proposed title change during reexamination, the final decision rests with the examiner. The MPEP 2660.02 clearly states: “While a change in the title may be commented on by the patent owner, the final decision as to the change is that of the examiner, and the examiner’s decision…
Read MoreCan the title of a PCT national phase application be changed after filing?
Yes, the title of a PCT national phase application can be changed after filing. There are two primary methods to change the title: Application Data Sheet (ADS): Applicants can submit an ADS with a new title. Preliminary Amendment: A preliminary amendment can be filed to change the title. The MPEP states: If applicant furnishes an…
Read MoreCan a patent examiner change the title of my invention?
Yes, a patent examiner can change the title of your invention if it’s not specific to the claimed invention. The MPEP § 1302.04(a) implies this by stating: “Where the title of the invention is not specific to the invention as claimed, see MPEP § 606.01.” This reference to MPEP § 606.01 indicates that examiners are…
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