What is the impact of a reissue application on a pending inter partes reexamination?

When a reissue application is filed for a patent that is undergoing inter partes reexamination, it can have significant implications for the reexamination process. According to MPEP 2686.04:

“If a reissue application is filed on a patent for which a reexamination proceeding is pending, the reexamination proceeding is suspended until the reissue application is resolved.”

This means that:

• The reexamination proceeding is suspended when a reissue application is filed.
• The reissue application takes precedence and is processed first.
• Once the reissue application is resolved (either granted or abandoned), the reexamination can resume.
• If the reissue is granted, the reexamination will continue based on the reissued patent.

This procedure ensures that the most up-to-date version of the patent is subject to reexamination and avoids conflicting outcomes between the reissue and reexamination processes.

To learn more:

• reissue application
• inter partes reexamination
• suspension of proceedings
• USPTO procedure