What happens if a reissue application is filed during a reexamination proceeding?

What happens if a reissue application is filed during a reexamination proceeding?

When a reissue application is filed during a reexamination proceeding, the following actions are taken:

• The reexamination proceeding is suspended.
• The reissue application is examined.
• The reexamination proceeding is terminated if the reissue patent is granted.
• If the reissue application is abandoned, the reexamination proceeding is reinstated.

According to MPEP 2686.01: “Where a reissue application is filed during a reexamination proceeding, MPEP § 1449.01 provides guidance on procedures for suspending the reexamination proceeding and examining the reissue application.”

To learn more:

• reissue application
• reexamination proceeding
• suspension
• termination