How should patent owners submit amendments in a Reexamination of a Reexamination?

When submitting amendments in a Reexamination of a Reexamination, patent owners must present changes as if the modifications from the previous reexamination certificate are part of the original patent. MPEP 2295 states: “Any amendment to the claims (or specification) of the reexamination proceeding must be presented as if the changes made to the patent text via the reexamination certificate are a part of the original patent.” This means treating italicized text in the certificate as if it were present in the original patent without italics, and considering bracketed text as if it were never in the patent. Improper amendments may be considered “informal submissions” and require correction.

To learn more:

• patent amendments
• reexamination procedure
• claim modification
• patent examination