How is a reexamination proceeding concluded when merged with an inter partes reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 an ex parte reexamination proceeding is merged with an inter partes reexamination, it can be concluded under 37 CFR 1.997(b). According to MPEP 2294, the process involves:

  • Issuing a single reexamination certificate
  • Processing the merged proceeding as set forth in MPEP § 2690 and MPEP § 2694

The MPEP states: “The proceeding may be concluded under 37 CFR 1.997(b) where the ex parte reexamination proceeding has been merged with an inter partes reexamination proceeding and a single reexamination certificate is issued.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2294 - Concluded Reexamination Proceedings Patent Law Patent Procedure
Tags: ex parte reexamination, Reexam Certificate, Reexamination Cru, Reissue Reexam