How are multiple copending reexamination proceedings consolidated?
How are multiple copending reexamination proceedings consolidated? Multiple copending reexamination proceedings are consolidated following these steps: The Director may combine the proceedings into a single action. All parties are notified that the proceedings will be merged. A single certificate will be issued at the conclusion of the merged proceeding. As stated in MPEP 2686.01: “Where…
Read MoreHow are merged reissue application and reexamination proceedings conducted?
When a reissue application and a reexamination proceeding are merged, the examination follows specific guidelines. The MPEP states: Where merger is ordered, the patent owner is required to maintain identical amendments in the reissue application and the reexamination file for purposes of the merged proceeding. Key aspects of the merged proceeding include: Amendments are submitted…
Read MoreHow are amendments handled in merged reissue-reexamination proceedings?
Amendments in merged reissue-reexamination proceedings are handled differently from standard reexaminations. The MPEP 2270 directs examiners to specific sections for guidance: “For entry of amendments in a merged reissue-reexamination proceeding, see MPEP § 2283 and § 2285.” This means that examiners must refer to MPEP 2283 and MPEP 2285 for specific procedures on handling amendments…
Read MoreHow does filing an RCE affect a merged reissue application and reexamination proceeding?
Filing a Request for Continued Examination (RCE) in a reissue application that has been merged with a reexamination proceeding does not automatically dissolve the merger. According to MPEP 1452: “Additionally, if a reissue application is merged with a reexamination proceeding (see MPEP § 1449.01), the filing of an RCE will not dissolve the merger, because…
Read MoreHow does the USPTO handle reissue applications merged with ex parte reexamination proceedings when there is concurrent litigation?
When a reissue application is merged with an ex parte reexamination proceeding and there is concurrent litigation, the merged proceeding will not be stayed. The MPEP provides clear guidance on this matter: “Thus, where a reissue application has been merged with an ex parte reexamination proceeding, the merged proceeding will not be stayed where there…
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