How does the Patent Trial and Appeal Board (PTAB) affect reissue applications?
The Patent Trial and Appeal Board (PTAB) can have a significant impact on reissue applications, particularly when there are pending trials before the PTAB. The MPEP indicates:
“Also, if there is a pending trial before the Patent Trial and Appeal Board (PTAB), the PTAB may suspend action in the reissue application.”
This means that in addition to concurrent litigation, pending PTAB trials can also lead to the suspension of action in reissue applications. The PTAB’s authority to suspend action ensures that potentially conflicting proceedings are managed effectively and that resources are used efficiently in the patent examination process.
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