What happens when multiple ex parte reexamination requests are filed for the same patent?
When multiple ex parte reexamination requests are filed for the same patent, the following typically occurs:
- The second request is processed quickly and assigned to the same examiner as the first request.
- If reexamination is ordered for both requests, the Central Reexamination Unit (CRU) Director decides whether to merge the proceedings.
- As stated in MPEP § 2283, “Where a second request for reexamination is filed and reexamination is ordered, and a first reexamination proceeding is pending, 37 CFR 1.565(c) provides that the proceedings will usually be merged.”
The decision to merge is made to facilitate the statutory mandate of conducting reexamination proceedings with “special dispatch” as required by 35 U.S.C. 305.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2283 - Multiple Copending Ex Parte Reexamination Proceedings,
Patent Law,
Patent Procedure