How does litigation affect the examination of reissue applications?
Reissue applications with related litigation are given priority in examination. The MPEP 1440 states:
“Reissue applications with related litigation will be acted on by the examiner before any other special applications, and will be acted on immediately by the examiner, subject only to a 2-month delay after publication for examining reissue applications.”
This means that when a reissue application is involved in litigation, it receives expedited treatment in the examination process. The examiner will prioritize these applications over other special applications, ensuring they are examined promptly after the required publication period.
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