How does the USPTO handle multiple pending reexamination proceedings for the same patent?

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 MPEP 2254 provides guidance on handling multiple pending reexamination proceedings for the same patent:

• Multiple ex parte reexamination proceedings are generally merged into a single proceeding.
• If an inter partes reexamination is also pending, it takes precedence over ex parte reexaminations.
• The USPTO may suspend one proceeding in favor of another to promote efficiency.

The MPEP states: “If multiple ex parte reexamination proceedings are pending concurrently on a patent, the proceedings will generally be merged. If a reissue application is pending concurrently with a reexamination proceeding, the USPTO will usually merge the two proceedings.”

This approach ensures a coordinated examination and helps prevent conflicting outcomes.