How are multiple post-patent proceedings handled by the USPTO?
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.
When multiple post-patent proceedings are filed simultaneously, the USPTO handles them on a case-by-case basis. According to MPEP 2821:
“If multiple post-patent proceedings are simultaneously filed, any determination of which proceedings to initiate, and the order in which to initiate them, will be made on a case-by-case basis.“
This approach allows the Office to consider the specific circumstances of each case and manage the proceedings efficiently. The Office may also exercise its discretion to stay, transfer, consolidate, or terminate proceedings when there are copending inter partes reviews, post-grant reviews, or covered business method reviews.