Who has the final authority in resolving conflicts during reexamination transfers?
In cases where conflicts arise during the transfer of reexamination proceedings, the MPEP outlines a clear chain of authority. According to MPEP 2237:
Any conflict which cannot be resolved by the SPRSs will be resolved by the CRU Director.
This means that while the Supervisory Patent Reexamination Specialists (SPRSs) of the involved art units are expected to resolve transfer issues cooperatively, the CRU Director has the final say in any unresolved disputes. This ensures that there’s a definitive decision-making process in place to maintain the efficiency of reexamination proceedings.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2237 - Transfer Procedure,
Patent Law,
Patent Procedure