What is the general policy regarding reissue applications with concurrent litigation?

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.

Generally, action in reissue applications with concurrent litigation is suspended sua sponte to avoid duplicating effort. The Manual of Patent Examining Procedure (MPEP) states:

“To avoid duplicating effort, action in reissue applications in which there is an indication of concurrent litigation will generally be suspended sua sponte.”

This policy helps streamline the process and prevents potential conflicts between different proceedings.