Can amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)?
Can amendments be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)?
Yes, limited amendments can be made after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) is issued. The MPEP provides specific guidance on this:
“In some instances, even after a NIRC has been issued, amendments affecting the claims may be made.” (MPEP 2287)
However, these amendments are restricted to:
- Cancellation of claims
- Correcting formal matters in the specification or drawings
- Correcting formal matters in a claim
It’s important to note that substantive amendments or new claims are not permitted at this stage. Any amendments must be approved by the examiner and should not require additional searching or consideration of prior art.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2287 - Conclusion Of Ex Parte Reexamination Proceeding,
Patent Law,
Patent Procedure