Can I request expedited examination for a design reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, expedited examination can be requested for design reissue applications. The process is as follows:
- File the design reissue application with a request under 37 CFR 1.155.
- The application undergoes expedited processing throughout the entire prosecution.
- The Design TC Director must grant the request for expedited examination.
- A waiver under 37 CFR 1.182 is considered to begin examination promptly.
The MPEP states: “Design reissue applications requesting expedited examination and complying with the requirements of 37 CFR 1.155 are examined with priority and undergo expedited processing throughout the entire course of prosecution in the Office, including appeal, if any, to the Patent Trial and Appeal Board.“