What happens when a reexamination proceeding is merged with a reissue proceeding?

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 a reexamination proceeding is merged with a reissue proceeding, MPEP 2694 outlines the following process:

1. The proceeding is concluded under 37 CFR 1.997(e).
2. A reissue patent is granted instead of issuing an individual reexamination certificate.
3. The reissue patent serves as the certificate for the reexamination proceeding.
4. The merged proceeding is processed according to MPEP § 1455 and § 1456.

The MPEP states: “The proceeding may be concluded under 37 CFR 1.997(e) where the reexamination proceeding has been merged with a reissue proceeding and a reissue patent is granted; an individual reexamination certificate is not issued, but rather the reissue patent serves as the certificate.“