How does the USPTO handle submissions of copending reexamination proceedings and applications?
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 USPTO has specific guidelines for handling submissions related to copending reexamination proceedings and applications. According to the MPEP:
“It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding number and its status.”
This means that instead of submitting full copies of copending proceedings, parties should only provide a notice with the following information:
- The application or proceeding number
- The current status of the proceeding
This approach helps prevent confusion and ensures that the USPTO can efficiently manage the information related to multiple proceedings involving the same patent.