What is the procedure for handling a reexamination request filed during a pending reexamination?
What is the procedure for handling a reexamination request filed during a pending reexamination?
When a reexamination request is filed during a pending reexamination, the following procedure is followed:
- The new request is assigned to the examiner of the pending reexamination.
- The examiner determines if a substantial new question of patentability is raised.
- If a new question is raised, the new request is merged with the pending reexamination.
- If no new question is raised, the new request is denied.
MPEP 2686.01 states: “If reexamination is ordered on the subsequent request, the reexamination will be consolidated with the pending reexamination proceeding.” This ensures efficient examination and avoids duplicate efforts.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2686.01 - Multiple Copending Reexamination Proceedings,
Patent Law,
Patent Procedure