What are the exceptions to immediate action on 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.

While reissue applications generally receive immediate attention, there are two main exceptions where they may be suspended or delayed:

• Litigation: If the reissue application is involved in ongoing litigation.
• Pending PTAB Trial: If there is a pending trial before the Patent Trial and Appeal Board (PTAB).

The MPEP 1442 specifies that “A pending trial before the PTAB includes a derivation proceeding, an inter partes review, a post-grant review, and a covered business method review.” These proceedings are defined in 37 CFR 42.2.