How are amendments made in patent reexamination proceedings?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
Amendments in patent reexamination proceedings are made according to specific rules outlined in 37 CFR 1.530. The key points are:
- Amendments are made by filing a paper specifying changes to the patent specification, claims, or drawings.
- For specification changes, the entire text of added or rewritten paragraphs must be submitted with markings.
- For claim changes, the entire text of each changed or new claim must be provided with markings.
- Drawing changes must be submitted as a sketch for approval before final drawings are filed.
As stated in the MPEP: “ALL amendments in reexamination proceedings… must be presented in the form of a full copy of the text of each claim which is amended and each paragraph of the description which is amended.“
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2234 - Entry Of Amendments
Patent Law
Patent Procedure