How are new and amended claims presented in an Ex Parte Reexamination Certificate?
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.
The Ex Parte Reexamination Certificate has a specific format for presenting new and amended claims. The MPEP states:
Any new claims will be printed in the certificate completely in italics, and any amended claims will be printed in the certificate with italics and bracketing indicating the amendments thereto.
This formatting helps to clearly distinguish between original claims, amended claims, and entirely new claims added during the reexamination process. The use of italics and bracketing allows readers to quickly identify the changes made to the patent as a result of the reexamination.