Can a third party requester petition to merge a reexamination proceeding with a reissue application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. A third party requester does not have the right to petition for the merger of a reexamination proceeding with a reissue application. The MPEP clearly states: The third party requester does not have a right to file a petition under 37 CFR 1.182 to merge a reexamination proceeding and a reissue application examination, since a reexamination third party requester does not have any standing to request relief with respect to a reissue application, to which requester cannot be a party. However, the third party requester can: File a notification of concurrent proceedings under MPEP § 2282 File a petition under 37 CFR 1.182 to stay the reexamination proceeding that it requested After being notified of a concurrent reissue application, the Office of Patent Legal Administration (OPLA) will consider the merger and suspension options sua sponte. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notification of Concurrent Proceedings Required for Reissue Application MPEP 2285 Recommended Notification of Reissue Application During Reexamination Pendency MPEP 2285 Recommended Continued Examination of Reissue Application After Denial of Reexamination MPEP 2285 Recommended Decision on Merging Reissue and Ex Parte Reexamination Not Made Until After Reexamination Order MPEP 2285 Patent Owner Must Notify Office of Concurrent Proceedings MPEP 2285 Recommended Patent Owner Must Notify Office of Concurrent Proceedings MPEP 2285 Examination of Reissue Application Continues Until Reexamination Order MPEP 2285 Paper Files Must Be Hand Delivered to OPLA MPEP 2285 Recommended Paper Files Must Be Hand Delivered to OPLA MPEP 2285 Recommended First Office Action Based on Reissue Claims MPEP 228...