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

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.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2254 - Conduct Of Ex Parte Reexamination Proceedings, Patent Law, Patent Procedure
Tags: ex parte reexamination, Multiple Proceedings, patent reexamination, USPTO procedure