How can a patent owner make amendments in an inter partes reexamination proceeding?
A patent owner can make amendments in an inter partes reexamination proceeding by filing a paper in compliance with 37 CFR 1.530(d)-(k) and 37 CFR 1.943. The MPEP states:
Amendments to the patent being reexamined (where the patent has not expired) may be filed by the patent owner in the reexamination proceeding. Such amendments may be provided by the patent owners after the first Office action on the merits has been issued.
It’s important to note that amendments must not enlarge the scope of a claim or introduce new matter. Additionally, amendments don’t become effective until the reexamination certificate is issued and published.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2666.01 - Amendment By Patent Owner,
Patent Law,
Patent Procedure