MPEP § 1404 — Submission of Papers Where Reissue Patent Is in Litigation (Annotated Rules)
§1404 Submission of Papers Where Reissue Patent Is in Litigation
This page consolidates and annotates all enforceable requirements under MPEP § 1404, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Submission of Papers Where Reissue Patent Is in Litigation
This section addresses Submission of Papers Where Reissue Patent Is in Litigation. Primary authority: 37 CFR 1.291(c) and 37 CFR 1442.04. Contains: 1 guidance statement and 5 other statements.
Key Rules
Disclosure of Litigation
Marking of papers: Any “Reissue Litigation” documents submitted to the Office should be clearly marked as such. Papers marked “REISSUE LITIGATION” will be given special attention. See MPEP § 1442.01 through § 1442.04 for examination of litigation-related reissue applications. Protestor’s participation, including the submission of papers, is limited in accordance with 37 CFR 1.291(c). See MPEP § 1901.07 for information on protestor’s participation.
Marking of papers: Any “Reissue Litigation” documents submitted to the Office should be clearly marked as such. Papers marked “REISSUE LITIGATION” will be given special attention. See MPEP § 1442.01 through § 1442.04 for examination of litigation-related reissue applications. Protestor’s participation, including the submission of papers, is limited in accordance with 37 CFR 1.291(c). See MPEP § 1901.07 for information on protestor’s participation.
Marking of envelope: Applicants and protestors (see MPEP § 1901.03) submitting papers for entry in reissue applications of patents involved in litigation are requested to mark the outside envelope and the top right-hand portion of the papers with the words “REISSUE LITIGATION” and with the art unit or other area of the United States Patent and Trademark Office in which the reissue application is located, e.g., Commissioner for Patents, Patent Trial and Appeal Board, Office of Patent Legal Administration, Office of Data Management, etc.
Marking of envelope: Applicants and protestors (see MPEP § 1901.03) submitting papers for entry in reissue applications of patents involved in litigation are requested to mark the outside envelope and the top right-hand portion of the papers with the words “REISSUE LITIGATION” and with the art unit or other area of the United States Patent and Trademark Office in which the reissue application is located, e.g., Commissioner for Patents, Patent Trial and Appeal Board, Office of Patent Legal Administration, Office of Data Management, etc.
Prior Art Submissions in Protests
Marking of papers: Any “Reissue Litigation” documents submitted to the Office should be clearly marked as such. Papers marked “REISSUE LITIGATION” will be given special attention. See MPEP § 1442.01 through § 1442.04 for examination of litigation-related reissue applications. Protestor’s participation, including the submission of papers, is limited in accordance with 37 CFR 1.291(c). See MPEP § 1901.07 for information on protestor’s participation.
Protest Content and Evidence
Marking of papers: Any “Reissue Litigation” documents submitted to the Office should be clearly marked as such. Papers marked “REISSUE LITIGATION” will be given special attention. See MPEP § 1442.01 through § 1442.04 for examination of litigation-related reissue applications. Protestor’s participation, including the submission of papers, is limited in accordance with 37 CFR 1.291(c). See MPEP § 1901.07 for information on protestor’s participation.
Citations
| Primary topic | Citation |
|---|---|
| Disclosure of Litigation Prior Art Submissions in Protests Protest Content and Evidence | 37 CFR § 1.291(c) |
| Disclosure of Litigation Prior Art Submissions in Protests Protest Content and Evidence | 37 CFR § 1442.04 |
| Disclosure of Litigation Prior Art Submissions in Protests Protest Content and Evidence | MPEP § 1442.01 |
| Disclosure of Litigation | MPEP § 1901.03 |
| Disclosure of Litigation Prior Art Submissions in Protests Protest Content and Evidence | MPEP § 1901.07 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1404 — Submission of Papers Where Reissue Patent Is in Litigation
Source: USPTO1404 Submission of Papers Where Reissue Patent Is in Litigation [R-08.2017]
Marking of envelope: Applicants and protestors (see MPEP § 1901.03) submitting papers for entry in reissue applications of patents involved in litigation are requested to mark the outside envelope and the top right-hand portion of the papers with the words “REISSUE LITIGATION” and with the art unit or other area of the United States Patent and Trademark Office in which the reissue application is located, e.g., Commissioner for Patents, Patent Trial and Appeal Board, Office of Patent Legal Administration, Office of Data Management, etc.
Marking of papers: Any “Reissue Litigation” documents submitted to the Office should be clearly marked as such. Papers marked “REISSUE LITIGATION” will be given special attention. See MPEP § 1442.01 through § 1442.04 for examination of litigation-related reissue applications. Protestor’s participation, including the submission of papers, is limited in accordance with 37 CFR 1.291(c). See MPEP § 1901.07 for information on protestor’s participation.