How does litigation or a PTAB trial affect the time extensions for reissue applications?

For reissue applications being examined during litigation or PTAB trials, or after such proceedings have been stayed or dismissed:

• Applicants are normally given 2 months to reply to Office actions
• This 2-month period can only be extended upon showing clear justification under 37 CFR 1.136(b)
• The provisions of 37 CFR 1.136(a) for automatic extensions are not available

The MPEP states: Applicants will normally be given 2 months to reply to Office actions in all reissue applications that are being examined during litigation or PTAB trial, or after litigation or PTAB trial had been stayed, dismissed, etc., to allow for consideration of the reissue by the Office. This 2-month period may be extended only upon a showing of clear justification under 37 CFR 1.136(b).

To learn more:

• reissue application
• time extensions
• litigation
• PTAB trial
• patent procedure