How does the USPTO handle amendments or new claims in copending proceedings during reexamination?
The USPTO does not consider amendments or new claims from copending proceedings when deciding on a reexamination request. MPEP 2643 clearly states: “Amendments and/or new claims present in any copending reexamination or reissue proceeding for the patent to be reexamined will not (see MPEP § 2640, subsection II.(A)) be considered nor commented upon when deciding a request for reexamination.” This approach ensures that the reexamination focuses on the claims as they currently exist in the patent, without being influenced by potential changes in other proceedings.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2643 - Claims Considered In Deciding Request,
Patent Law,
Patent Procedure