What happens when an Inter Partes Reexamination is merged with a reissue application?

When an Inter Partes Reexamination is merged with a reissue application, the process and outcome are different from a standard reexamination. MPEP 2690 states:

“In that situation, the inter partes reexamination proceeding is concluded by the grant of a reissue patent, the reissue patent will constitute the reexamination certificate.”

This means that instead of issuing a separate Inter Partes Reexamination Certificate, the reissue patent itself serves as the certificate, incorporating the results of both the reexamination and the reissue processes.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2690 - Format Of Inter Partes Reexamination Certificate, Patent Law, Patent Procedure
Tags: inter partes reexamination, patent procedure, reissue application, USPTO