How does the USPTO decide whether to merge multiple reexamination proceedings?

The decision to merge multiple reexamination proceedings is made by the Central Reexamination Unit (CRU) Director or their delegate, typically after reexamination is ordered for the second request. The decision is based on several factors:

• The need for “special dispatch” in conducting reexamination proceedings, as mandated by 35 U.S.C. 305.
• The stage of the first reexamination proceeding.
• The potential for delay if the proceedings are merged.

MPEP § 2283 states: “If the second or subsequent request is granted, the decision on whether or not to combine the proceedings will be made by the Central Reexamination Unit (CRU) Director where the reexamination is pending.”

The USPTO retains the authority to merge or not merge proceedings based on efficiency and the goal of fostering “special dispatch” in the reexamination process.

To learn more:

• merging reexamination proceedings
• CRU Director
• special dispatch