What happens when an Inter Partes Reexamination is merged with a reissue application?
When an Inter Partes Reexamination is merged with a reissue application, the process and outcome are different from a standard reexamination. MPEP 2690 states:
“In that situation, the inter partes reexamination proceeding is concluded by the grant of a reissue patent, the reissue patent will constitute the reexamination certificate.”
This means that instead of issuing a separate Inter Partes Reexamination Certificate, the reissue patent itself serves as the certificate, incorporating the results of both the reexamination and the reissue processes.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2690 - Format Of Inter Partes Reexamination Certificate,
Patent Law,
Patent Procedure