What is the process for handling claim amendments in ex parte reexamination?
The process for handling claim amendments in ex parte reexamination is outlined in MPEP 2262:
- Amendments must be made relative to the patent claims.
- New claims must be numbered consecutively starting with the number next following the highest numbered patent claim.
- All amendments must be accompanied by an explanation of support in the disclosure.
- Amendments that broaden the scope of claims are not permitted.
The MPEP states: “All amendments in reexamination proceedings must be made relative to (i.e., vis-à-vis) the patent claims in effect as of the date of the filing of the request for reexamination.” This emphasizes the importance of maintaining the proper context for amendments in reexamination proceedings.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2262 - Form And Content Of Office Action,
Patent Law,
Patent Procedure