Can amendments be entered after a Right of Appeal Notice (RAN) in inter partes reexamination?
According to MPEP 2673, amendments filed after a Right of Appeal Notice (RAN) in inter partes reexamination are generally not allowed. The MPEP states:
“An amendment filed after the RAN will not be entered at all, in the absence of a grantable petition under 37 CFR 1.183 because 37 CFR 1.953(c) prohibits an amendment after the RAN in inter partes reexamination.”
However, if the examiner wishes to have the patent owner provide an amendment after the RAN, they can reopen prosecution, enter the amendment, and issue a new Action Closing Prosecution (ACP). This provides a limited avenue for amendments after a RAN, but it requires the examiner to take specific action.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2673 - Examiner Consideration Of Submissions After Acp And Further Action,
Patent Law,
Patent Procedure