How are reexamination requests handled when there’s a pending reissue application?

When a reissue application is pending and a reexamination request is filed for the same patent, the handling process depends on whether reexamination has been ordered:

1. If reexamination has been ordered:
   • The Office of Patent Legal Administration (OPLA) should be notified for merger consideration.
   • If merged, the reissue is generally assigned to the examiner who would handle the reissue application, unless that examiner was involved in the original patent examination.
2. If reexamination has not been ordered:
   • The reissue application is not assigned or acted upon until a decision on the reexamination request is made.
   • If reexamination is granted, OPLA is notified for merger consideration.
   • If merged, assignment follows the same principle as when reexamination was already ordered.

The MPEP states, If the reissue and reexamination proceedings are merged, the reissue will generally be assigned to the examiner who would ordinarily handle the reissue application.

To learn more:

• reexamination
• reissue application
• OPLA
• merger
• examiner assignment