What happens if a patent owner files a request for continued examination (RCE) in a merged proceeding?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 patent owner files a request for continued examination (RCE) in a merged reissue and reexamination proceeding, it has significant consequences. The MPEP states: If applicant/patent owner files a request for continued examination (RCE) of the reissue application under 37 CFR 1.114 (which may be filed on or after May 29, 2000 for an application filed on or after June 8, 1995), then the merger will be automatically dissolved (severed), and the reissue application will then be suspended. Important points to note: The merger is automatically dissolved upon filing an RCE The reissue application is suspended RCE practice is not available in reexamination proceedings Any response in the reexamination must be made without relying on RCE practice Failure to timely respond in the reexamination could result in termination under 37 CFR 1.550(d) Patent owners should carefully consider the implications before filing an RCE in a merged proceeding. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Continued Examination of Reissue Application After Denial of Reexamination MPEP 2285 Recommended Decision on Merging Reissue and Ex Parte Reexamination Not Made Until After Reexamination Order MPEP 2285 Notification of Reissue Application During Reexamination Pendency MPEP 2285 Recommended Patent Owner Must Notify Office of Concurrent Proceedings MPEP 2285 Patent Owner Must Notify Office of Concurrent Proceedings MPEP 2285 Recommended Examination of Reissue Application Continues Until Reexamination Order MPEP 2285 Paper Files Must Be Hand Delivered to OPLA MPEP 2285 Recommended Paper Files Must Be Hand Delivered to OPLA MPEP 2285 Recommended Timely Determination Required Despite C...