Who has the final authority in resolving conflicts during reexamination transfers?
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.
In cases where conflicts arise during the transfer of reexamination proceedings, the MPEP outlines a clear chain of authority. According to MPEP 2237:
Any conflict which cannot be resolved by the SPRSs will be resolved by the CRU Director.
This means that while the Supervisory Patent Reexamination Specialists (SPRSs) of the involved art units are expected to resolve transfer issues cooperatively, the CRU Director has the final say in any unresolved disputes. This ensures that there’s a definitive decision-making process in place to maintain the efficiency of reexamination proceedings.