How are canceled claims presented in an ex parte reexamination certificate?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.
Canceled claims in an ex parte reexamination certificate are presented in a specific manner:
- They are listed numerically in a single column
- Only the claim numbers are shown
- The text of the claims is not included
According to MPEP 2290: “Any claim canceled as a result of the reexamination proceeding is listed in the certificate in numerical order and without the text of the claim.”
This format allows for easy identification of which claims have been canceled during the reexamination process.
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2290 - Format Of Ex Parte Reexamination Certificate
Patent Law
Patent Procedure