What happens if litigation is pending when the inter partes reexamination certificate is to be issued?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Inter Partes Reexamination After September 16, 2012 MPEP 2688 No Acceptance After September 16, 2012 MPEP 2688 Reexamination Certificate Is Required MPEP 2214 Required No Fee for Reexamination Certificate Issuance MPEP 2233 Required Ex Parte Reexamination Certificate Required MPEP 1215.01 Recommended Requirement for Reexamination Certificate Issuance MPEP 2254 Reexamination Certificate Indicates Claim Status After Termination MPEP 2209 Notice of Intent to Issue Reexamination Certificate Required After Review Period MPEP 1214.06 Recommended Amendment Must Reflect Reexamination Certificate Changes MPEP 1453 Required How Reexamination Certificate Shows Additions and Deletions MPEP 2250 Other Related FAQs 5 FAQs Collapse What happens if all patent claims are canceled in an Inter Partes Reexamination? How are cancelled claims indicated in an inter partes reexamination certificate? What is the process for handling dependent claims in an inter partes reexamination certificate? What info...