37 CFR § 1.989 — Merger of concurrent reexamination (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.989 Merger of concurrent reexamination
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.989, including 2 rules 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.
Official MPEP § 1.989 — Merger of concurrent reexamination
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.989 Merger of concurrent reexamination proceedings.
- (a) If any reexamination is ordered while a prior inter partes reexamination proceeding is pending for the same patent and prosecution in the prior inter partes reexamination proceeding has not been terminated, a decision may be made to merge the two proceedings or to suspend one of the two proceedings. Where merger is ordered, the merged examination will normally result in the issuance and publication of a single reexamination certificate under § 1.997 .
- (b) An inter partes reexamination proceeding filed under § 1.913 which is merged with an ex parte reexamination proceeding filed under § 1.510 will result in the merged proceeding being governed by §§ 1.902 through 1.997 , except that the rights of any third party requester of the ex parte reexamination shall be governed by §§ 1.510 through 1.560 .
[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; para. (a) revised, 72 FR 18892, Apr. 16, 2007, effective May 16, 2007]
- Ex Parte Reexamination
- Reexamination Conclusion