Can a third-party requester petition to merge multiple reexamination proceedings?

A third-party requester generally does not have the right to petition for merging multiple reexamination proceedings. According to MPEP § 2283:

“The third party requester of a reexamination proceeding (reexamination # 1) does not have a right to file a petition under 37 CFR 1.182 to merge that reexamination proceeding with another reexamination proceeding (reexamination # 2), where that reexamination third party requester does not have any standing to request relief with respect to the other reexamination proceeding (reexamination # 2).”

However, a third-party requester can:

  • File a notification of concurrent proceedings under MPEP § 2282.
  • Petition to stay the reexamination proceeding they requested.

The USPTO will consider merging proceedings sua sponte (on its own) after being notified of concurrent proceedings.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2283 - Multiple Copending Ex Parte Reexamination Proceedings, Patent Law, Patent Procedure
Tags: concurrent proceedings, Petition To Merge, Third-Party Requester