What happens if a reissue patent is granted during a pending reexamination proceeding?
When a reissue patent is granted during a pending reexamination proceeding, the reexamination will be based on the claims of the reissue patent. The MPEP states: If a reissue patent issues on the patent under reexamination after reexamination is ordered, the next action from the examiner in the reexamination should point out that further proceedings…
Read MoreWhat is the procedure for handling a reexamination request filed during a pending reexamination?
What is the procedure for handling a reexamination request filed during a pending reexamination? When a reexamination request is filed during a pending reexamination, the following procedure is followed: The new request is assigned to the examiner of the pending reexamination. The examiner determines if a substantial new question of patentability is raised. If a…
Read MoreHow are second or subsequent reexamination requests handled during a pending reexamination?
When a second or subsequent request for ex parte reexamination is filed under 35 U.S.C. 302 while a first ex parte reexamination is pending, the USPTO considers whether the new request raises a different substantial new question of patentability. The MPEP states: “If the requester includes in the second or subsequent request prior art which…
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