How does the USPTO handle concurrent reissue applications and PTAB Review Proceedings?
When a reissue application and a PTAB Review Proceeding (such as inter partes review, post grant review, or covered business method review) are concurrent, the Director of the USPTO has discretion in determining how to proceed. According to MPEP 1442.03: “The Director may determine the manner in which the PTAB Review Proceeding and the other proceeding or matter (e.g., the reissue application) may proceed, including a stay, transfer, consolidation or termination of such matter or proceeding.” This authority is based on 35 U.S.C. 315(d) and 35 U.S.C. 325(d), as well as 37 CFR 42.122 and 37 CFR 42.222.
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