How does the USPTO handle a request for reexamination of a patent that has already been reissued?
The USPTO has a specific policy for handling reexamination requests for patents that have already been reissued. The MPEP states:
“Where a request for reexamination is filed on a patent after a reissue patent for that patent has already issued, reexamination will be denied, because the patent on which the request for reexamination is based has been surrendered. Should reexamination of the reissued patent be desired, a new request for reexamination, including and based on the specification and claims of the reissue patent, must be filed.”
This policy ensures that reexamination is based on the most current version of the patent. If a reexamination request is filed on the original patent after it has been reissued, it will be denied because the original patent no longer exists in its previous form.
However, the MPEP also addresses a slightly different scenario:
“Where the reissue patent issues after the filing of a request for reexamination, see MPEP § 2686.03.”
This suggests that there may be different procedures if the reissue patent is granted after a reexamination request has already been filed on the original patent.
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