How does litigation affect the processing of reissue applications?

Litigation can significantly impact the processing of reissue applications. According to MPEP 1442, “reissue applications involved in litigation will be taken up for action in advance of other reissue applications.” This means that:

  • Reissue applications involved in litigation receive even higher priority than other reissue applications.
  • The USPTO aims to address these applications quickly to support ongoing legal proceedings.
  • However, in some cases, litigation may also cause a reissue application to be suspended, depending on the specific circumstances of the case.

It’s important to note that the exact handling of a reissue application involved in litigation may depend on various factors and could be subject to case-by-case consideration by the USPTO.

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Tags: Litigation, patent examination, priority treatment, reissue applications