What should an examiner do when reviewing a reissue application related to litigation or PTAB trials?

When reviewing a reissue application, an examiner should:

• Determine if the patent for which reissue is filed is involved in litigation or a pending PTAB trial
• Check the status of any litigation or PTAB trial
• Consult MPEP § 1442.02 to determine if prosecution should be suspended
• Inquire about specific litigation details if not already provided by the applicant

As stated in the MPEP: If the examiner becomes aware of litigation involving the patent sought to be reissued during examination of the reissue application, the examiner should first check MPEP § 1442.02 to determine whether prosecution in the reissue application should be suspended.

To learn more:

• reissue application
• litigation
• PTAB trial
• patent examination
• examiner procedure