What happens if a protest is filed in a reissue application related to a patent involved in a pending interference proceeding?
If a protest is filed in a reissue application related to a patent involved in a pending interference proceeding, the reissue application should be referred to the Patent Trial and Appeal Board (PTAB) before any action is taken. As stated in MPEP 1449:
“If a protest (see MPEP Chapter 1900) is filed in a reissue application related to a patent involved in a pending interference proceeding or contested case before the Patent Trial and Appeal Board (PTAB), the reissue application should be referred to the PTAB before considering the protest and taking any action on the reissue application.”
This ensures that the PTAB is aware of the protest and can provide guidance on how to proceed with the reissue application in light of the ongoing interference proceeding.
To learn more: