Can patent claims be broadened during inter partes reexamination?
No, patent claims cannot be broadened during inter partes reexamination. The MPEP 2609 explicitly states:
The scope of the patent claims cannot be enlarged by amendment;
This limitation is a crucial aspect of the reexamination process. It ensures that the reexamination focuses on reviewing the validity of existing claims rather than expanding patent rights. Patent owners may amend claims to overcome prior art citations, but they cannot broaden the scope of protection beyond what was originally granted.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2609 - Inter Partes Reexamination,
Patent Law,
Patent Procedure