What are the patent owner’s responsibilities regarding notification of concurrent proceedings?

The patent owner has specific responsibilities to notify the USPTO of concurrent proceedings involving their patent:

1. In the reissue application, the patent owner should file a Notification of Concurrent Proceedings pursuant to 37 CFR 1.178(b) as early as possible.
2. In the reexamination proceeding, the patent owner should file a Notification of Concurrent Proceedings pursuant to 37 CFR 1.565(a) or 1.985(a) (for ex parte or inter partes reexamination, respectively) as early as possible.

As stated in MPEP 1449.01, “Where a reissue application and a reexamination proceeding are pending concurrently on a patent, the patent owner, i.e., the reissue applicant, has a responsibility to notify the Office of the concurrent proceeding.”

These notifications are crucial to alert the Office of the existence of multiple proceedings on the same patent, allowing for proper management and potential merging or staying of proceedings.

To learn more:

• patent owner responsibilities
• concurrent proceedings
• notification requirements
• USPTO