How are amendments treated in terminated reexamination proceedings?

In terminated reexamination proceedings, amendments are treated as follows:

  • Amendments submitted during the reexamination proceeding are not printed or entered into the patent.
  • The MPEP 2278 states: “The amendments are merely placed in the reexamination file wrapper.
  • This treatment applies to all amendments, including those that were entered, not entered, and/or proposed during the reexamination proceeding.

It’s important to note that these amendments do not become part of the official patent document when the reexamination is terminated without a certificate.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2278 - Action Following Decision, Patent Law, Patent Procedure
Tags: amendments, Patent File, Reexamination File Wrapper, Terminated Reexamination