Under what circumstances might the USPTO not suspend action on a reissue application with concurrent litigation?

The USPTO may choose not to suspend action on a reissue application with concurrent litigation if certain conditions are met. According to the MPEP, these conditions include:

  • A stay of the litigation is in effect
  • The litigation has been terminated
  • There are no significant overlapping issues between the application and the litigation
  • The applicant requests that the application be examined

The MPEP states:

“Where any of (A) – (D) above apply, form paragraphs 14.08 – 14.10 may be used to deny a suspension of action in the reissue, i.e., to deny a stay of the reissue proceeding.”

In these cases, the USPTO may exercise discretion based on the specific circumstances of the situation.

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Tags: concurrent litigation, patent examination, reissue applications, suspension exceptions