Can the USPTO act on a reissue application before the two-month delay period expires?

Yes, the USPTO can act on a reissue application before the two-month delay period expires under certain circumstances. MPEP § 1441 states:

For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR 1.182 which is accompanied by the required petition fee (37 CFR 1.17(f)) to act on a reissue application without delaying for 2 months.

This means that continuation or divisional reissue applications may be acted upon earlier, and applicants can petition for expedited action if they have valid reasons, such as ongoing litigation involving the patent.

To learn more:

• reissue applications
• two-month delay
• expedited action
• USPTO procedures
• patent litigation