Can a reexamination request be transferred after substantive examination has begun?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2237 - Transfer Procedure,
Patent Law,
Patent Procedure