How does the USPTO handle reissue applications merged with ex parte reexamination proceedings when there is concurrent litigation?

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.

When a reissue application is merged with an ex parte reexamination proceeding and there is concurrent litigation, the merged proceeding will not be stayed. The MPEP provides clear guidance on this matter:

“Thus, where a reissue application has been merged with an ex parte reexamination proceeding, the merged proceeding will not be stayed where there is litigation.”

Furthermore, the ex parte reexamination takes precedence in such cases:

“In a merged ex parte reexamination/reissue proceeding, the ex parte reexamination will control because of the statutory (35 U.S.C. 305) requirement that ex parte reexamination proceedings be conducted with special dispatch.”

This approach ensures that the reexamination proceeds expeditiously as required by law, even in the presence of ongoing litigation.