When is the decision to merge or stay concurrent proceedings made?

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.

The decision to merge or stay concurrent reissue application and ex parte reexamination proceedings is not made immediately. According to the MPEP:

A decision whether or not to merge the reissue application examination and the ex parte reexamination proceeding, or to stay one of the two proceedings, will not be made prior to the mailing of an order to reexamine the patent pursuant to 37 CFR 1.525, and the expiration of the statement-reply period following the order to reexamine.

This timing allows for:

• The completion of the initial steps in the reexamination proceeding
• The opportunity for the patent owner to file a statement and the requester to file a reply

After these steps, the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) or Technology Center Quality Assurance Specialist (QAS) will notify the Office of Patent Legal Administration (OPLA) that the proceedings are ready for consideration of merger.