What happens after a final rejection in a reexamination proceeding?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. After a final rejection in a reexamination proceeding, the patent owner’s rights to unrestricted further prosecution are limited. The MPEP states: Once a final rejection that is not premature has been entered in a reexamination proceeding, the patent owner no longer has any right to unrestricted further prosecution. Amendments submitted after final rejection are subject to strict standards under 37 CFR 1.116 , and those submitted after appeal are governed by 37 CFR 41.33 . It’s crucial for both examiners and patent owners to address all issues before the final Office action, as there are no opportunities to refile under 37 CFR 1.53(b) or (d), or to file a request for continued examination under 37 CFR 1.114. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendments After Final Rejection Governed by Strict Standards MPEP 2272 Amendments Submitted After Appeal Must Adhere to Strict Standards MPEP 2272 Advisory Action Required After Final Rejection MPEP 2272 Amendments After Final Rejection Require Showing MPEP 2272 Prohibited Final Rejection Ends Further Prosecution MPEP 2272 Examiner and Patent Owner Must Identify All Issues Before Final Office Action MPEP 2272 Recommended Patent Owner Entitled to Examiner’s Ruling Before Appeal MPEP 2272 Required Petition to Withdraw Final Rejection and Reopen Prosecution MPEP 2272 Permitted No Time Period for Omissions After Final Rejection MPEP 2272 Extension of Time for First Response After Final Rejection in Ex Parte Reexamination MPEP 2272 Other Related FAQs 5 FAQs Collapse Can a patent owner amend claims after a final rejection in reexamination? What is the time period for responding to a final rejection in a reexaminatio...