Why is it important to refer a reissue application to the PTAB when a protest is filed and the patent is in an interference or contested case?

Referring a reissue application to the Patent Trial and Appeal Board (PTAB) when a protest is filed and the patent is in an interference or contested case is crucial for several reasons:

• It ensures coordination between the reissue examination process and the ongoing interference or contested case.
• It allows the PTAB to provide guidance on how to proceed with the reissue application in light of the pending proceedings.
• It helps prevent potential conflicts or inconsistencies between the reissue examination and the PTAB’s decisions.

As stated in MPEP 1449:

“It is particularly important that the reissue application not be allowed without the administrative patent judge’s approval.”

This emphasizes the importance of PTAB involvement to ensure that any decision on the reissue application aligns with the ongoing proceedings and receives proper judicial oversight.

To learn more:

• reissue application
• PTAB referral
• protest
• interference
• contested case
• patent examination