How are patents involved in litigation handled during reexamination proceedings?
When patents involved in litigation are undergoing reexamination proceedings, the USPTO has specific guidelines for handling these cases. According to MPEP 2207, there are different procedures depending on the type of reexamination:
- For ex parte reexamination: Refer to MPEP § 2240 and MPEP § 2242
- For inter partes reexamination: Refer to MPEP § 2640 and MPEP § 2642
The MPEP states: Where a request for reexamination has been filed, see MPEP § 2282 for ex parte reexamination and MPEP § 2686 for inter partes reexamination. See MPEP § 2240 and § 2242 for handling of requests for ex parte reexamination of patents involved in litigation. See MPEP § 2640 and § 2642 for handling of requests for inter partes reexamination of patents involved in litigation.
These guidelines ensure that the reexamination process takes into account the ongoing litigation while maintaining the integrity of the patent review process.
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