What are the three ways an inter partes reexamination proceeding can be concluded?

According to MPEP 2694, inter partes reexamination proceedings can be concluded in three ways: (A) By bringing the prosecution to an end through denial, vacating, or termination of the reexamination proceeding. (B) By issuing a reexamination certificate under 37 CFR 1.997(b). (C) By merging the reexamination proceeding with a reissue proceeding and granting a reissue…

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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…

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What happens when a reexamination proceeding is merged with a reissue proceeding?

When a reexamination proceeding is merged with a reissue proceeding, MPEP 2694 outlines the following process: The proceeding is concluded under 37 CFR 1.997(e). A reissue patent is granted instead of issuing an individual reexamination certificate. The reissue patent serves as the certificate for the reexamination proceeding. The merged proceeding is processed according to MPEP…

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What is a reissue patent?

A reissue patent is a mechanism to correct errors in an existing patent. According to 35 U.S.C. 251, a reissue patent can be granted “Whenever any patent is, through error, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more or less…

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