How does concurrent litigation affect the examination of a reissue application?

Concurrent litigation can significantly impact the examination of a reissue application:

1. The examiner must determine if there is ongoing litigation related to the patent.
2. If litigation exists, the examiner needs to ascertain its current status.
3. The reissue file history should be appropriately marked to indicate the presence of concurrent litigation.
4. Special procedures may need to be followed depending on the nature and stage of the litigation.

The MPEP instructs: “The examiner should determine if there is concurrent litigation, and if so, the status thereof (MPEP § 1442.01), and whether the reissue file history has been appropriately marked.”

For detailed guidance on handling reissue applications involved in litigation, refer to MPEP § 1442.01.

To learn more:

• concurrent litigation
• reissue application
• patent examination
• legal proceedings
• file history marking