How does the USPTO handle concurrent proceedings for reissue applications?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The USPTO has specific procedures for handling concurrent proceedings involving reissue applications. According to MPEP 1442: “Where a reissue application and an ex parte reexamination proceeding on which an order pursuant to 37 CFR 1.525 has been mailed are copending, the reissue application is placed on the examiner’s special docket throughout its prosecution.” This special handling ensures that the reissue application is processed efficiently alongside other proceedings. The MPEP further states, “The reissue application is given priority over all other cases except for those with earlier filing or national stage dates and those applications accorded special status.” This prioritization helps to streamline the resolution of potentially conflicting proceedings.