What happens when a reissue application and a reexamination proceeding are pending concurrently for the same patent?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 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. When a reissue application and a reexamination proceeding are pending concurrently for the same patent, the Office may decide to merge the two proceedings or suspend one of them. According to MPEP 1449.01 , “If an examiner becomes aware that a reissue application and an ex parte or inter partes reexamination proceeding are both pending for the same patent, the examiner should immediately inform their Technology Center (TC) Training Quality Assurance Specialist (TQAS) or Supervisory Patent Reexamination Specialist (SPRS).” The Office of Patent Legal Administration (OPLA) must be notified when the proceedings are ready for a decision on whether to merge or stay one of the two. The patent owner has a responsibility to notify the Office of the concurrent proceedings as early as possible. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Owner Must Notify Office of Concurrent Proceedings MPEP 1449.01 Patent Owner Must Notify Office of Concurrent Proceedings MPEP 1449.01 Patent Owner Must Notify Office of Concurrent Reissue and Reexamination MPEP 1449.01 Recommended Patent Owner May File Multiple Reissue Applications for Same Patent MPEP 1449.01 Permitted Patent Owner Can Petition to Merge Reissue with Reexamination MPEP 1449.01 Permitted Reissue Application Must Be Resumed After Certificate Issues MPEP 1449.01 Permitted Examiner Must Inform TQAS/SPRS of Concurrent Proceedings MPEP 1449.01 Recommended Examiner Must Notify TQAS/SPRS of Multiple Reissue Applications MPEP 1449.01 Recommended Reissue Application Must Be Referred to PTAB Before Considering Protest MPEP 1449 Recommended Reissue Application Held Until Certificate Publishes MPEP 1449.01 Other Related FAQ...