What happens if a reexamination is inadvertently assigned to an “original examiner”?

If a reexamination is inadvertently assigned to an “original examiner” without the required approval, parties have a limited time to object. The MPEP states, “Any paper notifying the Office of an assignment to an ‘original examiner’ must be filed within two months of the first Office action or other Office communication indicating the examiner assignment, otherwise reassignment based on such objection will not be considered.“

Reassignment will be addressed on a case-by-case basis, but the inadvertent assignment alone is not grounds for vacating decisions or restarting the reexamination. In some cases, the Office may waive rules to consider objections that don’t have a right of entry under normal circumstances.

To learn more:

• original examiner
• inadvertent assignment
• objection process