Who is responsible for reviewing a reissue application when a protest is filed and the patent is in a contested case?

When a protest is filed in a reissue application and the related patent is involved in a contested case, the review process involves collaboration between several parties. According to MPEP 1449:

“In consultation with the examiner and the PTAB, a TC TQAS or SPRS will check to see that: It is particularly important that the reissue application not be allowed without the administrative patent judge’s approval.”

This means that the Technology Center Training Quality Assurance Specialist (TC TQAS) or Supervisory Patent Reexamination Specialist (SPRS) will work with the examiner and the Patent Trial and Appeal Board (PTAB) to review the reissue application. The administrative patent judge’s approval is crucial before allowing the reissue application.

To learn more:

• reissue application
• protest
• contested case
• PTAB
• TC TQAS
• SPRS
• administrative patent judge