How does the USPTO handle multiple copending reexamination proceedings?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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 USPTO has specific procedures for handling multiple copending reexamination proceedings. According to MPEP 2686.01:

“Where multiple copending reexamination proceedings have been filed for a patent, the Director of the USPTO may determine whether to merge all such proceedings.”

The decision to merge proceedings is made on a case-by-case basis. Factors considered include:

  • The status of the various proceedings
  • The timing of the filings
  • The identity of the reexamination requesters
  • The prejudice or benefit to all parties

Merging proceedings can help streamline the process and avoid conflicting decisions. However, each situation is evaluated individually to ensure the most efficient and fair examination process.

Topics: MPEP 2600 - Optional Inter Partes Reexamination MPEP 2686.01 - Multiple Copending Reexamination Proceedings Patent Law Patent Procedure
Tags: Copending Reexamination, Merging Proceedings, patent examination, USPTO procedures