What is the impact of a reissue application on a pending inter partes 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 reissue application is filed for a patent that is undergoing inter partes reexamination, it can have significant implications for the reexamination process. According to MPEP 2686.04:

“If a reissue application is filed on a patent for which a reexamination proceeding is pending, the reexamination proceeding is suspended until the reissue application is resolved.”

This means that:

• The reexamination proceeding is suspended when a reissue application is filed.
• The reissue application takes precedence and is processed first.
• Once the reissue application is resolved (either granted or abandoned), the reexamination can resume.
• If the reissue is granted, the reexamination will continue based on the reissued patent.

This procedure ensures that the most up-to-date version of the patent is subject to reexamination and avoids conflicting outcomes between the reissue and reexamination processes.