Can copies of copending reexamination proceedings be submitted during reexamination?

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, copies of copending reexamination proceedings should not be submitted during a reexamination. The MPEP 2656 clearly states:

“It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide the application/proceeding serial/control number and its status.”

Instead of submitting copies, parties should:

• Provide the serial or control number of the copending reexamination proceeding
• Include the current status of the proceeding

This approach prevents confusion and helps maintain the efficiency of the reexamination process. The USPTO may return, expunge, or discard any submission that is not permitted entry, at their discretion.