Can a third party requester petition to merge a reissue application and an inter partes reexamination proceeding?

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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. No, a third party requester does not have the right to file a petition to merge a reissue application and an inter partes reexamination proceeding. 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 the 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. No such standing is provided for anywhere in the statute.” However, a third party requester can file a notification of concurrent proceedings pursuant to 37 CFR 1.985(b). After such notification, the Office of Patent Legal Administration would consider any action to be taken sua sponte. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2686.03 No Inter Partes Reexamination After September 16, 2012 MPEP 2686.03 Patent Owner Can Petition to Merge Reissue with Reexamination MPEP 1449.01 Permitted Reissue Application Must Be Resumed After Certificate Issues MPEP 1449.01 Permitted Patent Owner Must Notify Office of Concurrent Reissue and Reexamination MPEP 1449.01 Recommended Patent Owner Must Notify Office of Concurrent Proceedings MPEP 1449.01 Patent Owner Can File Reissue Application for Broader Examination MPEP 2212 Permitted RCE Continues Existing Reissue Application MPEP 1452 Patent Owner Must Notify Office of Concurrent Proceedings MPEP 1449.01 Requirements for Reissue Application MPEP 1410 Required Other Related FAQs 5 FAQs Collapse What happens when a reissue application and an inter partes reexa...