How is a reexamination proceeding concluded when merged with a reissue proceeding?

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.

When a reexamination proceeding is merged with a reissue proceeding, it can be concluded under 37 CFR 1.570(e). According to MPEP 2294, the process involves:

• Granting a reissue patent instead of issuing an individual reexamination certificate
• Processing the merged proceeding as set forth in MPEP § 1455 and MPEP § 1456

The MPEP states: “The proceeding may be concluded under 37 CFR 1.570(e) where the reexamination proceeding has been merged with a reissue proceeding and a reissue patent is granted; an individual reexamination certificate is not issued, but rather the reissue patent serves as the certificate.“