How does filing an RCE affect a merged reissue application and reexamination proceeding?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Filing a Request for Continued Examination (RCE) in a reissue application that has been merged with a reexamination proceeding does not automatically dissolve the merger. According to MPEP 1452 : “Additionally, if a reissue application is merged with a reexamination proceeding (see MPEP § 1449.01), the filing of an RCE will not dissolve the merger, because the reissue application does not become abandoned.” However, the Office retains the discretion to dissolve the merger based on individual circumstances, particularly to promote the statutory requirement for special dispatch in reexamination. Applicants should refer to the specific merger decision for guidance in their case. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Continued Examination of Reissue Application MPEP 1452 Refer to Merger Decision for Application MPEP 1452 Recommended RCE Continues Existing Reissue Application MPEP 1452 Merger Can Be Dissolved Based on Case Facts During Reissue and Reexamination MPEP 1452 Permitted Notice of Reissue Application Must Be Published Before Examination MPEP 1430 Recommended Request for Expedited Examination of Design Applications MPEP 1002.02(c)(3) Requirement for First Examiner Rejection Date MPEP 1134.01 Requirement for Identifying Document List Items MPEP 1134.01 Requirement for Asserted Relevance of Submitted Documents MPEP 1134.01 Required Reissue Application Filing Requirements Not Announced Until Compliance MPEP 1430 Required Other Related FAQs 4 FAQs Collapse Does filing an RCE result in a new reissue application? Can an RCE be filed for a reissue application of a patent filed before June 8, 1995? Will the filing of an RCE in a reissue applica...