Can a third-party requester petition to merge multiple reexamination proceedings?
A third-party requester generally does not have the right to petition for merging multiple reexamination proceedings. According to MPEP § 2283: “The third party requester of a reexamination proceeding (reexamination # 1) does not have a right to file a petition under 37 CFR 1.182 to merge that reexamination proceeding with another reexamination proceeding (reexamination…
Read MoreCan a patent owner petition to merge multiple reexamination proceedings?
Yes, a patent owner can petition to merge multiple reexamination proceedings, but there are specific timing requirements. According to MPEP 2686.01: “The patent owner can file a petition to merge the proceedings at any time after the order to reexamine the second request. Note that the acceptance of a petition to merge the multiple proceedings…
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