What happens when an Inter Partes Reexamination is merged with a reissue application?

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.

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.