How are claim amendments marked up in ex parte reexamination?
How are claim amendments marked up in ex parte reexamination?
In ex parte reexamination, claim amendments must be properly marked up to show changes. According to MPEP 2250:
- Deleted matter must be enclosed in brackets.
- Added matter must be underlined.
- For original patent claims, the claim number and status identifier must be included.
- New claims must be completely underlined.
The MPEP provides specific guidance: “All amendments to the patent must be made relative to the patent specification, including the claims, and drawings, which are in effect as of the date of filing of the request for reexamination” (MPEP 2250). This ensures clarity in tracking changes made during the reexamination process.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2250 - Amendment By Patent Owner,
Patent Law,
Patent Procedure