Who makes the decision to merge or stay concurrent reissue and reexamination proceedings?
The decision to merge a reissue application examination and an inter partes reexamination proceeding, or to stay one of them, is made by the Office of Patent Legal Administration (OPLA). As stated in the MPEP:
“The decision as to whether the reissue application examination and the reexamination proceeding are to be merged, or which of the two (if any) is to be stayed, is made in OPLA.”
This decision is made on a case-by-case basis, taking into account various factors such as the status of each proceeding and any issues that may be unique to either the reissue application or the reexamination.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2686.03 - Copending Reexamination And Reissue Proceedings,
Patent Law,
Patent Procedure