Can a third-party requester petition to merge multiple reexamination proceedings?

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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 generally does not have the right to petition for merging multiple reexamination proceedings. According to MPEP § 2283 : “The third party requester of a reexamination proceeding (reexamination # 1) does not have a right to file a petition under 37 CFR 1.182 to merge that reexamination proceeding with another reexamination proceeding (reexamination # 2), where that reexamination third party requester does not have any standing to request relief with respect to the other reexamination proceeding (reexamination # 2).” However, a third-party requester can: File a notification of concurrent proceedings under MPEP § 2282 . Petition to stay the reexamination proceeding they requested. The USPTO will consider merging proceedings sua sponte (on its own) after being notified of concurrent proceedings. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Third Party Requester Can Petition to Stay Reexamination Proceeding MPEP 2283 Notification of Concurrent Proceedings for Third Party Requester MPEP 2283 Permitted Requirement for Multiple Copending Ex Parte Reexamination Proceedings MPEP 2283 Office Will Merge Reexamination Proceedings Sua Sponte MPEP 2283 Third Party Requester Cannot Merge Reexaminations MPEP 2283 Notification of Prior or Concurrent Proceedings Required During Ex Parte Reexamination MPEP 2282 Office May Merge Concurrent Ex Parte Reexamination Proceedings on a Case-by-Case Basis MPEP 2283 Prohibited Suspension of Ex Parte Reexamination Proceeding MPEP 2283 Permitted Premature Petition to Merge Reexamination Proceedings Not Considered MPEP 2283 Office Will Sua Sponte Consider Actions After Concurrent Reexamination Notification MPEP 2283 O...