How is a reexamination of a reexamination processed?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A reexamination of a reexamination is processed according to specific guidelines, regardless of the type of reexamination involved. According to MPEP § 2695:

“A reexamination of a reexamination is processed in accordance with the guidelines set forth in MPEP § 2295 regardless of whether the reexamination certificate was issued for an ex parte reexamination or an inter partes reexamination, and regardless of whether the pending reexamination proceeding is an ex parte reexamination or an inter partes reexamination.”

This means that the same procedures apply whether the previous or current reexamination is ex parte or inter partes, ensuring consistency in the process.