2686.05 Reexamination and Inter Partes Review Proceedings, Post-Grant Review, and Covered Business Method Patent Review [R-07.2015]
The Leahy-Smith America Invents Act amended 35 U.S.C. 315(d) and added 35 U.S.C. 325(d) to provide that, during the pendency of an inter partes review, post grant review or covered business method review ("PTAB Review Proceeding"), if another proceeding (e.g., a reexamination proceeding) or matter involving the patent is before the Office, the Director may determine the manner in which the PTAB Review Proceeding and the other proceeding or matter may proceed. Accordingly, if an examiner becomes aware of a PTAB Review Proceeding for the same patent that is being reexamined, the reexamination proceeding must be referred to the examiner’s SPRS who will coordinate with the PTAB before taking any action on the reexamination proceeding.