What are the requirements for amendments in ex parte reexamination?

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.

In ex parte reexamination, amendments must meet specific requirements as outlined in MPEP 2250:

• Amendments must be made relative to the patent specification and claims as they exist at the time of the reexamination order.
• All amendments must be made without adding new matter.
• Amendments must comply with 37 CFR 1.530(d)-(j).
• Each amendment must be accompanied by an explanation of the support in the disclosure of the patent for the amendment.

The MPEP states: “Amendments proposed in a reexamination will normally be entered and be considered to be entered for purposes of prosecution before the Office” (MPEP 2250). This means that proposed amendments are generally accepted for consideration during the reexamination process.