What happens if a reissue application is filed during a reexamination proceeding?

What happens if a reissue application is filed during a reexamination proceeding? When a reissue application is filed during a reexamination proceeding, the following actions are taken: The reexamination proceeding is suspended. The reissue application is examined. The reexamination proceeding is terminated if the reissue patent is granted. If the reissue application is abandoned, the…

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What happens to the reexamination proceeding when an interference is declared?

What happens to the reexamination proceeding when an interference is declared? When an interference is declared during a pending reexamination proceeding: The jurisdiction over the reexamination shifts to the Board of Patent Appeals and Interferences (BPAI). The reexamination proceeding is usually suspended, but this is not automatic. The BPAI may allow certain aspects of the…

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How can the impact of suspension on patent term adjustment be minimized?

To minimize the impact of suspension on patent term adjustment during an interference proceeding, the MPEP 2307.03 suggests considering certain steps. Specifically, it states: “Steps should be considered to minimize the effect of any patent term adjustment that would result from the suspension.” One strategy outlined in the MPEP is to use restriction requirements: “For…

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