How are merged reexamination proceedings handled by the USPTO?
When reexamination proceedings are merged, the USPTO follows specific guidelines to ensure efficient handling:
- A single combined examiner’s action is prepared for all merged proceedings.
- Each action contains the control numbers of all involved proceedings on every page.
- A single action cover mailing sheet is used for all parties involved.
- The patent owner is required to maintain identical amendments in all merged reexamination files.
As stated in MPEP 2686.01: “Where merger is ordered, the prosecution will be conducted at the most advanced point possible for the first proceeding.” This approach ensures that the merged proceedings are handled with the required “special dispatch.”
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2686.01 - Multiple Copending Reexamination Proceedings,
Patent Law,
Patent Procedure