What are the exceptions to immediate action on reissue applications?

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.

To learn more:

• reissue applications
• exceptions
• litigation
• PTAB trials
• patent examination