Can 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 at any time after the order to reexamine the second request is contrary to 37 CFR 1.939 since such acceptance can be prior to the issuance of the first Office action. Accordingly, the requirement of 37 CFR 1.939 is hereby waived to the extent that a petition for merger of a reexamination proceeding with a reexamination proceeding or with a reissue can be submitted after the order to reexamine has been issued in all the reexamination proceedings to be merged.”
This waiver allows for merger at the earliest possible stage, promoting efficiency in the reexamination process.
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