What happens if litigation is pending when the inter partes reexamination certificate is to be issued?
What happens if litigation is pending when the inter partes reexamination certificate is to be issued?
If litigation is pending when the inter partes reexamination certificate is to be issued, the USPTO takes specific steps to ensure proper handling. According to MPEP 2688:
“If the reexamination proceeding is ready for issuance of a certificate, but there is pending litigation as to the patent, the Technical Support Staff (TSS) checks MPEP § 2686.04 for guidance on any special processing required prior to issuing the reexamination certificate.”
This means that the USPTO staff will consult additional guidelines to determine if any special procedures are necessary before issuing the certificate, taking into account the ongoing litigation.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2688 - Issuance Of Inter Partes Reexamination Certificate,
Patent Law,
Patent Procedure