What happens if a reissue application is filed during a reexamination 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 reissue application is filed during a reexamination proceeding, the following actions are taken:

• The reexamination proceeding is suspended.
• The reissue application is examined.
• The reexamination proceeding is terminated if the reissue patent is granted.
• If the reissue application is abandoned, the reexamination proceeding is reinstated.

According to MPEP 2686.01: “Where a reissue application is filed during a reexamination proceeding, MPEP § 1449.01 provides guidance on procedures for suspending the reexamination proceeding and examining the reissue application.”