What is the procedure for handling a reexamination request filed during a pending reexamination?

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 request is filed during a pending reexamination, the following procedure is followed:

1. The new request is assigned to the examiner of the pending reexamination.
2. The examiner determines if a substantial new question of patentability is raised.
3. If a new question is raised, the new request is merged with the pending reexamination.
4. If no new question is raised, the new request is denied.

MPEP 2686.01 states: “If reexamination is ordered on the subsequent request, the reexamination will be consolidated with the pending reexamination proceeding.” This ensures efficient examination and avoids duplicate efforts.