How does the USPTO handle a situation where a reexamination certificate is to be issued while a reissue application is pending?
When a reexamination certificate is to be issued for a patent while a reissue application for the same patent is pending, the USPTO follows a specific procedure:
- The examiner will not act on the reissue application until the certificate issues and publishes.
- After the certificate is published, the Office will resume examination of the reissue application.
- An Office action will be issued giving the patent owner two months to submit an amendment of the reissue application claims based on the results of the concluded reexamination.
- The reissue application will then be examined, taking into account the changes made by the certificate.
According to MPEP 1449.01, “Generally, further prosecution will be limited to claims narrower than those claims canceled as a result of the certificate.” However, there are exceptions to this rule under specific circumstances.
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