How do double patenting principles apply to reexamination proceedings?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
Basic principles of double patenting do apply to reexamination proceedings. The MPEP states:
“Basic principles of double patenting apply to reexamination proceedings, as explained in this chapter and in MPEP Chapters 2200 and 2600 (see especially MPEP § 2258).”
This means that during a reexamination, examiners should consider double patenting issues. For detailed guidance on how double patenting is applied in reexamination proceedings, refer to MPEP Chapter 2200, MPEP Chapter 2600, and specifically MPEP § 2258.