What is the role of the Office of Patent Legal Administration (OPLA) in reissue applications during litigation?
What is the role of the Office of Patent Legal Administration (OPLA) in reissue applications during litigation?
The Office of Patent Legal Administration (OPLA) plays a crucial role in managing reissue applications that are involved in litigation:
- Referral review: OPLA reviews reissue applications referred due to concurrent litigation.
- Decision on examination approach: OPLA determines whether to suspend, expedite, or proceed with normal examination.
- Legal guidance: OPLA provides legal advice to examiners on complex issues arising from the litigation.
- Coordination with courts: OPLA may coordinate with the courts to ensure USPTO actions align with ongoing legal proceedings.
According to MPEP 1442.04: “The reissue application may be referred to the Office of Patent Legal Administration (OPLA) for consideration of potential suspension or expedited examination.”
OPLA’s involvement ensures that the USPTO handles reissue applications during litigation with appropriate legal consideration and procedural care.
To learn more: