What happens if a reexamination is inadvertently assigned to an “original examiner”?
If a reexamination is inadvertently assigned to an “original examiner” without the required approval, parties have a limited time to object. The MPEP states, “Any paper notifying the Office of an assignment to an ‘original examiner’ must be filed within two months of the first Office action or other Office communication indicating the examiner assignment,…
Read MoreHow are copending reissue and reexamination proceedings handled?
Copending reissue and reexamination proceedings are handled differently depending on which was filed first. If a reexamination request is filed when a reissue application is pending, the reexamination is generally assigned to a different examiner. If the proceedings are merged, the merged proceeding is typically handled by the reissue examiner, unless they were involved in…
Read MoreCan the original examiner be assigned to a reexamination request?
Generally, the original examiner is not assigned to a reexamination request. The MPEP states, “It is the policy of the Office that the CRU SPRS will assign the reexamination request to an examiner different from the examiner(s) who examined the patent application.” However, exceptions can be made in rare cases where the original examiner is…
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