How are amendments treated in terminated reexamination proceedings?

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.

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.