Can the 2-month delay period be waived for reissue applications with stayed litigation?

Yes, the 2-month delay period can be waived for reissue applications with stayed litigation. The MPEP 1442.03 states: “In reissue applications with ‘stayed litigation,’ the Office will entertain petitions under 37 CFR 1.182, which are accompanied by the fee under 37 CFR 1.17(f), to not apply the 2-month delay period stated in MPEP § 1441.” Such petitions are decided by the Office of Patent Legal Administration. This provision allows for expedited processing of these applications.

To learn more:

• reissue applications
• stayed litigation
• 2-month delay period
• petition process