Can the scope of patent claims be enlarged during reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, the scope of patent claims cannot be enlarged during reexamination. This limitation is explicitly stated in 37 CFR 1.530(j) : “No amendment may enlarge the scope of the claims of the patent or introduce new matter. No amendment may be proposed for entry in an expired patent. Moreover, no amendment, other than the cancellation of claims, will be incorporated into the patent by a certificate issued after the expiration of the patent.” This rule ensures that reexamination proceedings do not extend patent rights beyond what was originally granted or introduce new subject matter not supported by the original disclosure. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendments Required for Merged Reexamination Proceedings MPEP 2234 Clerical Handling of Amendments by Patent Owner MPEP 2234 Rules for Ex Parte Reexamination of Patents MPEP 2201 Permitted All Amendments Must Be Fully Presented MPEP 2234 Required Rejection Must Be Based on Prior Art in Ex Parte Reexamination MPEP 2258 Prohibited Proper Claim Amendment Format for Patent Owner MPEP 2234 Claims and Descriptions Must Be Fully Presented For Any Amendment MPEP 2234 Required Claims Must Follow Highest Numbered Claim During Reexamination MPEP 2234 Prohibited All Changes Must Be Indicated In Amendments MPEP 2234 Recommended Ex Parte Reexamination Certificate Required MPEP 1215.01 Recommended Other Related FAQs 5 FAQs Collapse How are patent claim numbers handled during reexamination? When do amendments become effective in patent reexamination? What are the marking requirements for amendments in patent reexamination? How are amendments made in patent reexamination proceedings? What additional information must ...