Can a reexamination request be transferred after substantive examination has begun?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, a reexamination request cannot be transferred to a different Technology Center (TC) after substantive examination has begun. MPEP 2237 clearly states:

“However, in no case should a reexamination proceeding be transferred to another TC after the mailing of the order to reexamine, except where a TC Director believes that a transfer is in the interests of justice.”

This policy ensures consistency in the examination process and prevents potential delays or conflicts that could arise from transferring an ongoing reexamination. The only exception to this rule is when a TC Director determines that a transfer is necessary in the interests of justice, which would likely be a rare occurrence.