How does the USPTO handle concurrent proceedings during ex parte reexamination?
The MPEP 2288 addresses the handling of concurrent proceedings during ex parte reexamination. It states:
“If concurrent proceedings are pending at the time the ex parte reexamination certificate is to be issued, the USPTO may suspend the issuance of the certificate until the concurrent proceedings are terminated.”
This means that if there are other ongoing proceedings related to the same patent, such as inter partes review or litigation, the USPTO may delay issuing the ex parte reexamination certificate until these other proceedings are resolved. This approach helps to avoid potential conflicts between different decisions and ensures a more coherent resolution of patent-related issues.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2288 - Issuance Of Ex Parte Reexamination Certificate,
Patent Law,
Patent Procedure