What is the duty of a reissue applicant regarding prior or concurrent proceedings?
According to 37 CFR 1.178(b), a reissue applicant has a duty to inform the USPTO about any prior or concurrent proceedings involving the patent for which reissue is requested. This includes:
- Interferences or trials before the Patent Trial and Appeal Board
- Reissues
- Reexaminations
- Litigations
The MPEP states: “Where the patent for which reissue is being sought is, or has been, involved in litigation, the applicant should bring the existence of such litigation to the attention of the Office.” This information should be provided at the time of filing or shortly after, either in the reissue oath/declaration or in a separate paper.
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