What happens if a reissue patent is granted during a pending reexamination proceeding?

When a reissue patent is granted during a pending reexamination proceeding, the reexamination will be based on the claims of the reissue patent. The MPEP states:

If a reissue patent issues on the patent under reexamination after reexamination is ordered, the next action from the examiner in the reexamination should point out that further proceedings in the reexamination will be based on the claims of the reissue patent and not on the patent surrendered.

Key points to note:

• The examiner will use Form Paragraph 22.05 to notify of this change
• All subsequent proceedings will be based on the reissue patent claims
• Any amendments in the reexamination should treat the changes made by the reissue as the text of the patent

This ensures that the reexamination proceeds on the most current version of the patent claims.

To learn more:

• reissue patent
• pending reexamination
• claim basis
• examiner notification