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 providing information about copending reexamination proceedings in a reexamination request, it’s important to follow the guidelines set by the USPTO. According to MPEP 2218:
“It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide the application/proceeding number and its status.”
Instead of submitting copies, requesters should provide the following information:
- The application or proceeding number of the copending reexamination or application
- The current status of the copending proceeding or application
This approach helps prevent confusion and ensures that the USPTO can easily identify and reference relevant copending proceedings without mistaking them for new filings.