Are time extensions permitted in reissue applications with related 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, time extensions are not permitted in reissue applications with related litigation. The MPEP provides specific language to be used in such cases:

“Due to the related litigation status of this reissue application, EXTENSIONS OF TIME UNDER THE PROVISIONS OF 37 CFR 1.136(a) WILL NOT BE PERMITTED.”

This restriction is applied to ensure that the reissue process progresses efficiently and to maintain consistency with the litigation timeline. Applicants should be aware of this limitation when managing their reissue applications in the context of ongoing litigation.