What information should be provided to the USPTO about litigation involving a patent under reissue?
When informing the USPTO about litigation involving a patent under reissue, applicants should provide sufficient information for the Office to evaluate the need for further materials. The MPEP advises:
“Litigation encompasses any papers filed in the court or issued by the court. This may include, for example, motions, pleadings, and court decisions, as well as the results of such proceedings.”
Additionally, the MPEP states: “When applicant notifies the Office of the existence of the litigation, enough information should be submitted so that the Office can reasonably evaluate the need for asking for further materials in the litigation.”
It’s important to note that while comprehensive information is helpful, the USPTO is not interested in receiving voluminous litigation materials that are not relevant to the reissue application’s consideration.
To learn more: