How are claim amendments marked up in ex parte reexamination?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Status Identifier for New Claims Must Be Underlined MPEP 2250 Status Identifier for New Claims May Not Be Underlined MPEP 2250 Prohibited Claim Amendments Must Be Supported by Description MPEP 2250 Required Amendment of New Claim Must Be Underlined Throughout MPEP 2250 Required Status Identifiers for New Claims Must Be Underlined MPEP 2250 Amendment of New Claims Must Present Entire Text Underlined MPEP 2250 Amendments Must Follow Initial Change MPEP 2250 Required New Claim Must Be Underlined MPEP 2250 Bracketing and Underlining Must Be Relative to Original Patent MPEP 2250 Amendment of New Claims Must Present Entire Text Underlined MPEP 2250 Other Related FAQs 5 FAQs Collapse Can new claims be added during ex parte reexamination? What additional requirements are there for amendments in reexamination? What are the restrictions on amending the specification during ex parte reexamination? How are drawing amendments handled in ex parte reexamination? What are the requirements for am...