How are copending reissue and reexamination proceedings handled?
Copending reissue and reexamination proceedings are handled differently depending on which was filed first. If a reexamination request is filed when a reissue application is pending, the reexamination is generally assigned to a different examiner. If the proceedings are merged, the merged proceeding is typically handled by the reissue examiner, unless they were involved in the original patent examination.
When a reissue application is filed during a pending reexamination, the process depends on whether reexamination has been ordered. The MPEP states, “Where reexamination has already been ordered (granted) in the reexamination proceeding, OPLA should be notified as promptly as possible after the reissue application is available for docketing, that the proceedings are ready for consideration of merger.” The Office of Patent Legal Administration (OPLA) then decides on merging the proceedings and provides guidance on examiner assignment.
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