How does a reissue patent affect the Ex Parte Reexamination Certificate?
In certain situations, the grant of a reissue patent can replace the need for an Ex Parte Reexamination Certificate. According to MPEP 2288:
“If the ex parte reexamination proceeding is terminated by the grant of a reissued patent as provided in § 1.565(d), the reissued patent will constitute the ex parte reexamination certificate required by this section and 35 U.S.C. 307.”
This provision is further clarified in 37 CFR 1.570(e), which states:
“If a reexamination proceeding is concluded by the grant of a reissued patent as provided for in 37 CFR 1.565(b), the reissued patent will constitute the reexamination certificate required by 35 U.S.C. 307 and this section.”
In essence, when a reissue patent is granted during a pending reexamination proceeding, it serves a dual purpose: it replaces the original patent and also acts as the reexamination certificate. This streamlines the process and avoids the need for separate documents to reflect the changes resulting from both the reissue and reexamination procedures.
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