How does the USPTO prioritize reexamination proceedings and reissue applications?
The USPTO prioritizes reexamination proceedings and reissue applications as follows:
- Highest Priority: Cases involved in litigation (both reexamination proceedings and reissue applications)
- Second Priority: Reexamination proceedings not involved in litigation
- Lower Priority: All other cases
As stated in MPEP 2661:
“Any cases involved in litigation, whether they are reexamination proceedings or reissue applications, will have priority over all other cases. Reexamination proceedings not involved in litigation will have priority over all other cases except for reexaminations or reissues involved in litigation.”
This prioritization system ensures that cases with the most immediate legal implications are addressed first.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2661 - Special Status For Action,
Patent Law,
Patent Procedure