What happens if an inter partes reexamination is merged with an ex parte reexamination?
When an inter partes reexamination is merged with an ex parte reexamination, the merged proceeding is conducted according to inter partes reexamination procedures. The MPEP states:
“If an inter partes reexamination is merged with an ex parte reexamination, the merged proceeding will be conducted as an inter partes reexamination with the participation of the ex parte requester as a third party requester.”
This means that the ex parte requester gains the right to participate in the merged proceeding as a third party, which they wouldn’t have had in a standalone ex parte reexamination. For more details, refer to MPEP 2686.01.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2686.01 - Multiple Copending Reexamination Proceedings,
Patent Law,
Patent Procedure