What are the special considerations for Office actions in litigation-related or PTAB trial-related reissue applications?
When issuing Office actions for litigation-related or PTAB trial-related reissue applications, examiners must consider several special factors:
- A 2-month reply period is typically set for these applications
- The Office action must inform applicants that 37 CFR 1.136(a) provisions are not available
- Extensions beyond 2 months require clear justification under 37 CFR 1.136(b)
- In some cases, up to 3 months may be initially set if clearly justified
The MPEP states: The Office action will inform applicant that the provisions of 37 CFR 1.136(a) are not available. Of course, up to 3 months may be initially set for reply if the examiner, consulting with their supervisor, determines such a period is clearly justified.
These considerations ensure that the reissue examination proceeds efficiently while acknowledging the complexities of concurrent litigation or PTAB trials.
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