Can a patent owner amend their patent during reexamination?
Yes, a patent owner can amend their patent during reexamination. According to MPEP 2269:
“The patent owner may respond to such Office action with or without amendment and the patent under reexamination will be reconsidered, and so on repeatedly unless the examiner has indicated that the action is final.”
However, it’s important to note that amendments after the second Office action, which is typically final, are usually restricted to addressing specific rejections, objections, or requirements made by the examiner.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2269 - Reconsideration,
Patent Law,
Patent Procedure