Can a third-party requester petition to merge multiple reexamination proceedings?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2283 - Multiple Copending Ex Parte Reexamination Proceedings,
Patent Law,
Patent Procedure