How does the USPTO handle multiple pending reexamination proceedings for the same patent?
The MPEP 2254 provides guidance on handling multiple pending reexamination proceedings for the same patent:
- Multiple ex parte reexamination proceedings are generally merged into a single proceeding.
- If an inter partes reexamination is also pending, it takes precedence over ex parte reexaminations.
- The USPTO may suspend one proceeding in favor of another to promote efficiency.
The MPEP states: “If multiple ex parte reexamination proceedings are pending concurrently on a patent, the proceedings will generally be merged. If a reissue application is pending concurrently with a reexamination proceeding, the USPTO will usually merge the two proceedings.”
This approach ensures a coordinated examination and helps prevent conflicting outcomes.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2254 - Conduct Of Ex Parte Reexamination Proceedings,
Patent Law,
Patent Procedure