How does the USPTO decide whether to merge multiple reexamination proceedings?
The decision to merge multiple reexamination proceedings is made by the Central Reexamination Unit (CRU) Director or their delegate, typically after reexamination is ordered for the second request. The decision is based on several factors: The need for “special dispatch” in conducting reexamination proceedings, as mandated by 35 U.S.C. 305. The stage of the first…
Read MoreWhat happens when multiple ex parte reexamination requests are filed for the same patent?
When multiple ex parte reexamination requests are filed for the same patent, the following typically occurs: The second request is processed quickly and assigned to the same examiner as the first request. If reexamination is ordered for both requests, the Central Reexamination Unit (CRU) Director decides whether to merge the proceedings. As stated in MPEP…
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