What happens when a reissue application and a reexamination proceeding are pending concurrently for the same patent?
When a reissue application and a reexamination proceeding are pending concurrently for the same patent, the Office may decide to merge the two proceedings or suspend one of them. According to MPEP 1449.01, “If an examiner becomes aware that a reissue application and an ex parte or inter partes reexamination proceeding are both pending for the same patent, the examiner should immediately inform their Technology Center (TC) Training Quality Assurance Specialist (TQAS) or Supervisory Patent Reexamination Specialist (SPRS).”
The Office of Patent Legal Administration (OPLA) must be notified when the proceedings are ready for a decision on whether to merge or stay one of the two. The patent owner has a responsibility to notify the Office of the concurrent proceedings as early as possible.
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