What happens when multiple reexamination proceedings are filed for the same patent?
When multiple reexamination proceedings are filed for the same patent, the U.S. Patent and Trademark Office (USPTO) may decide to merge the proceedings or suspend one of them. According to MPEP 2686.01, “Where a second request for reexamination is filed and reexamination is ordered, and a first reexamination proceeding is pending, the proceedings will be merged where the Office (in its discretion) deems it appropriate to do so, to facilitate the orderly handling of the proceedings.”
The decision to merge or not is at the discretion of the USPTO, taking into account the statutory requirement to conduct reexamination proceedings with “special dispatch” as per 35 U.S.C. 314(c).
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2686.01 - Multiple Copending Reexamination Proceedings,
Patent Law,
Patent Procedure