How should amendments be formatted in patent reexamination?

Amendments in patent reexamination must follow specific formatting rules:

  • Changes to the specification must be made by submission of the entire text of each added or rewritten paragraph with markings.
  • For claims, the full text of any amended claim must be presented with markings.
  • Underlining is used for additions, and single brackets for deletions.
  • All changes are made relative to the original patent, not to prior amendments.

The MPEP states: “All amendments submitted under 37 CFR 1.530(d)(1)(i), which include any deletions or additions, must be made by submission of the entire text of each added or rewritten paragraph with markings (single brackets and underlining) showing the changes.” This ensures clarity in tracking changes made during reexamination.

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2250 - Amendment By Patent Owner, Patent Law, Patent Procedure
Tags: amendments, Brackets, Formatting, markings, patent reexamination, Underlining