Can a third party requester petition to merge a reissue application and an inter partes reexamination proceeding?
No, a third party requester does not have the right to file a petition to merge a reissue application and an inter partes reexamination proceeding. The MPEP clearly states:
“The third party requester does not have a right to file a petition under 37 CFR 1.182 to merge a reexamination proceeding and a reissue application examination, since the reexamination third party requester does not have any standing to request relief with respect to a reissue application, to which requester cannot be a party. No such standing is provided for anywhere in the statute.”
However, a third party requester can file a notification of concurrent proceedings pursuant to 37 CFR 1.985(b). After such notification, the Office of Patent Legal Administration would consider any action to be taken sua sponte.
To learn more: