How can the public submit information about a reissue application during the two-month delay period?

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.

During the two-month delay period, members of the public can submit pertinent information about a reissue application to the USPTO. According to MPEP § 1441:

The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a).

To submit a protest, follow the guidelines in MPEP § 1441.01, which specifically discusses protests in reissue applications. It’s important to note that such submissions should be made as early as possible, as the full two-month period may not always be available.

Tags: patent protests, public submissions, reissue applications, two-month delay, USPTO procedures