Who makes the decision to merge or stay concurrent reissue and reexamination proceedings?
The decision to merge a reissue application examination and an inter partes reexamination proceeding, or to stay one of them, is made by the Office of Patent Legal Administration (OPLA). As stated in the MPEP: “The decision as to whether the reissue application examination and the reexamination proceeding are to be merged, or which of…
Read MoreWhat is the process for handling multiple reexamination proceedings?
When handling multiple reexamination proceedings, the following process is followed: If multiple reexamination proceedings are co-pending, they may be merged by the Office. The MPEP 2278 states: “If multiple reexamination proceedings are pending concurrently on a patent, the procedures set forth in MPEP § 2283 should be followed.“ MPEP § 2283 provides detailed guidance on…
Read MoreHow does the USPTO handle multiple copending reexamination proceedings?
The USPTO has specific procedures for handling multiple copending reexamination proceedings. According to MPEP 2686.01: “Where multiple copending reexamination proceedings have been filed for a patent, the Director of the USPTO may determine whether to merge all such proceedings.” The decision to merge proceedings is made on a case-by-case basis. Factors considered include: The status…
Read MoreWhat happens when a reissue application and an inter partes reexamination proceeding are pending concurrently for the same patent?
When a reissue application and an inter partes reexamination proceeding are pending concurrently on the same patent, the general policy of the USPTO is that they will not be conducted separately at the same time. As stated in the MPEP: “The general policy of the Office is that the examination of a reissue application and…
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