How does litigation affect the processing of reissue applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 2 Rules 5 Related FAQs 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. Litigation can significantly impact the processing of reissue applications. According to MPEP 1442 , “reissue applications involved in litigation will be taken up for action in advance of other reissue applications.” This means that: Reissue applications involved in litigation receive even higher priority than other reissue applications. The USPTO aims to address these applications quickly to support ongoing legal proceedings. However, in some cases, litigation may also cause a reissue application to be suspended, depending on the specific circumstances of the case. It’s important to note that the exact handling of a reissue application involved in litigation may depend on various factors and could be subject to case-by-case consideration by the USPTO. Related Rules from the Manual of Patent Examining Procedure 2 rules Collapse Reissue Applications Take Priority Over Special Applications MPEP 1442 Pending PTAB Trials Include Derivation, Inter Partes, Post-Grant, and Covered Business Method Reviews MPEP 1442 Other Related FAQs 5 FAQs Collapse What types of patent applications receive special examination priority at the USPTO? How does concurrent litigation affect the examination of a reissue application? How does the USPTO handle concurrent reissue applications and PTAB Review Proceedings? What happens if a court invalidates a patent while a reissue application is pending? What should an examiner do when reviewing a reissue application related to litigation or PTAB trials?