What factors are considered in deciding whether to merge proceedings or stay one of them?

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.

The decision to merge proceedings or stay one of them is made on a case-by-case basis, considering various factors. The MPEP states:

The decision on whether to merge the proceedings or stay a proceeding will be made on a case-by-case basis based upon the status of the various proceedings.

Key considerations include:

• The status of the reissue application examination
• The status of the reexamination proceeding
• Whether the reissue application is about to issue
• Whether the reexamination proceeding is on appeal
• Whether a Notice of Intent to Issue a Reexamination Certificate has been issued

The goal is to facilitate the orderly operation of the Office in addressing the proceedings efficiently and effectively.