3 votes
Accepted

Can a patent owner add more claims by requesting re-examination?

I'm not a lawyer, and the facts of any particular case are determined by its specifics. Thus, you won't get a definitive answer here since you can't disclose your invention. That said, I have a few ...
Eric S's user avatar
  • 11.1k
2 votes
Accepted

After NFOA, can you amend your independent claim by subject matter in your description although not claimed first without substantial repercussions?

This is a US/USPTO answer. It is not clear what the situation might be. I have seen a case where original independent claims were all canceled and new independent claims submitted and the examiner ...
George White's user avatar
  • 28.8k
2 votes
Accepted

Find patents with classification that have been reexamined

USPTO's PatFT provides functionality for this. In particular, the re-examination certificate (REEX, where REEX=YES refers to a certificate of re-examination being present) and current CPC ...
Maca's user avatar
  • 6,178
1 vote

Does adding an Applicant's other patent as prior art to a nonfinal first office action in response to a claim rejection require a reexamination?

The section of the law (102) on prior art says: (2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under ...
George White's user avatar
  • 28.8k
1 vote
Accepted

Does the USPTO owe me any form of compensation if they failed to follow a requested “suspension of action” option, when now it's too late to fix?

No The relevant CRF says - 37 CFR 1.103  Suspension of action by the Office. (a) Suspension for cause. On request of the applicant, the Office may grant a suspension of action by the Office under ...
George White's user avatar
  • 28.8k
1 vote

How can we extract the prosecution history for the reexamination?

To find a reexamination record look up the patent application for the issued patent in Public PAIR. Under the Continuity tab will be a list of child applications (if any) and reexaminations (if any).
George White's user avatar
  • 28.8k
1 vote

What is the strength of the patent, if during re-examination all the independent claims get cancelled and only dependent claims are confirmed?

A claim that survived reexamination is stronger afterwards than it was before. By definition, a claim that was originally dependent is narrower than the original independent claim. After reexamination ...
George White's user avatar
  • 28.8k

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