MPEP § 1441 — Two-Month Delay Period (Annotated Rules)

§1441 Two-Month Delay Period

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1441, 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.

Two-Month Delay Period

This section addresses Two-Month Delay Period. Primary authority: 37 CFR 1.176, 37 CFR 1.291(a), and 37 CFR 1.182. Contains: 2 requirements, 1 permission, and 4 other statements.

Key Rules

Topic

Examiner Action on Protest

2 rules
StatutoryInformativeAlways
[mpep-1441-d267e69a5528fc8400d110c6]
Examiner Acts on Reissue Before Other Applications
Note:
The examiner will process reissue applications before other types of applications, subject to a two-month delay for public protests unless waived under certain conditions.

37 CFR 1.176 provides that reissue applications will be acted on by the examiner in advance of other applications, i.e., “special.” Generally, a reissue application will not be acted on sooner than 2 months after announcement of the filing of the reissue has appeared in the Official Gazette. The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before the examiner’s action. The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). For a discussion as to protests under 37 CFR 1.291(a) in reissue applications, see MPEP § 1441.01. As set forth in MPEP § 1901.04, the public should be aware that such submissions should be made as early as possible, because under certain circumstances, the 2-month delay period will not be employed. For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR 1.182 which is accompanied by the required petition fee (37 CFR 1.17(f)) to act on a reissue application without delaying for 2 months. Accordingly, protestors to reissue applications (see MPEP § 1441.01) cannot automatically assume that a full 2-month delay period will always be available. Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an application for the reissue of the patent. Where the basis for the petition is ongoing litigation, the petition must clearly identify the litigation, and detail the specifics of the litigation that call for prompt action on the reissue application before the expiration of the 2-month delay period. Such petitions are decided by the Office of Patent Legal Administration.

Jump to MPEP Source · 37 CFR 1.176Examiner Action on ProtestProtest Handling ProcedureReissue Patent Practice
StatutoryInformativeAlways
[mpep-1441-30cedb3cf8dd8b22e77bf254]
2-Month Delay for Reissue Examining
Note:
A reissue application will not be examined by the examiner until at least 2 months after its filing is announced in the Official Gazette to allow public review and submission of pertinent information.

37 CFR 1.176 provides that reissue applications will be acted on by the examiner in advance of other applications, i.e., “special.” Generally, a reissue application will not be acted on sooner than 2 months after announcement of the filing of the reissue has appeared in the Official Gazette. The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before the examiner’s action. The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). For a discussion as to protests under 37 CFR 1.291(a) in reissue applications, see MPEP § 1441.01. As set forth in MPEP § 1901.04, the public should be aware that such submissions should be made as early as possible, because under certain circumstances, the 2-month delay period will not be employed. For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR 1.182 which is accompanied by the required petition fee (37 CFR 1.17(f)) to act on a reissue application without delaying for 2 months. Accordingly, protestors to reissue applications (see MPEP § 1441.01) cannot automatically assume that a full 2-month delay period will always be available. Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an application for the reissue of the patent. Where the basis for the petition is ongoing litigation, the petition must clearly identify the litigation, and detail the specifics of the litigation that call for prompt action on the reissue application before the expiration of the 2-month delay period. Such petitions are decided by the Office of Patent Legal Administration.

Jump to MPEP Source · 37 CFR 1.176Examiner Action on ProtestReissue Application FilingReissue Patent Practice
Topic

Protest Timing Requirements

2 rules
StatutoryPermittedAlways
[mpep-1441-dd34d908d378e4835e93b005]
Public Protest Period Before Examiner Action
Note:
Members of the public have 2 months to review and submit pertinent information on reissue applications before examiner action.

37 CFR 1.176 provides that reissue applications will be acted on by the examiner in advance of other applications, i.e., “special.” Generally, a reissue application will not be acted on sooner than 2 months after announcement of the filing of the reissue has appeared in the Official Gazette. The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before the examiner’s action. The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). For a discussion as to protests under 37 CFR 1.291(a) in reissue applications, see MPEP § 1441.01. As set forth in MPEP § 1901.04, the public should be aware that such submissions should be made as early as possible, because under certain circumstances, the 2-month delay period will not be employed. For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR 1.182 which is accompanied by the required petition fee (37 CFR 1.17(f)) to act on a reissue application without delaying for 2 months. Accordingly, protestors to reissue applications (see MPEP § 1441.01) cannot automatically assume that a full 2-month delay period will always be available. Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an application for the reissue of the patent. Where the basis for the petition is ongoing litigation, the petition must clearly identify the litigation, and detail the specifics of the litigation that call for prompt action on the reissue application before the expiration of the 2-month delay period. Such petitions are decided by the Office of Patent Legal Administration.

Jump to MPEP Source · 37 CFR 1.176Protest Timing RequirementsExaminer Action on ProtestProtest Content and Evidence
StatutoryRequiredAlways
[mpep-1441-d65eaf05c6536d8bb09f9995]
Petition for Immediate Reissue Examination Allowed
Note:
Allows the Office to act on a reissue application immediately if accompanied by a petition fee and appropriate reasons are provided.

37 CFR 1.176 provides that reissue applications will be acted on by the examiner in advance of other applications, i.e., “special.” Generally, a reissue application will not be acted on sooner than 2 months after announcement of the filing of the reissue has appeared in the Official Gazette. The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before the examiner’s action. The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). For a discussion as to protests under 37 CFR 1.291(a) in reissue applications, see MPEP § 1441.01. As set forth in MPEP § 1901.04, the public should be aware that such submissions should be made as early as possible, because under certain circumstances, the 2-month delay period will not be employed. For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR 1.182 which is accompanied by the required petition fee (37 CFR 1.17(f)) to act on a reissue application without delaying for 2 months. Accordingly, protestors to reissue applications (see MPEP § 1441.01) cannot automatically assume that a full 2-month delay period will always be available. Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an application for the reissue of the patent. Where the basis for the petition is ongoing litigation, the petition must clearly identify the litigation, and detail the specifics of the litigation that call for prompt action on the reissue application before the expiration of the 2-month delay period. Such petitions are decided by the Office of Patent Legal Administration.

Jump to MPEP Source · 37 CFR 1.176Protest Timing RequirementsExaminer Action on ProtestReissue Fees
Topic

Prior Art Submissions in Protests

2 rules
StatutoryInformativeAlways
[mpep-1441-1baa3d246400ba98bcfa8322]
Petition for Immediate Action on Reissue Application
Note:
Allows petitioning to bypass the 2-month delay period if litigation involving a patent is stayed, permitting reissue application filing.

37 CFR 1.176 provides that reissue applications will be acted on by the examiner in advance of other applications, i.e., “special.” Generally, a reissue application will not be acted on sooner than 2 months after announcement of the filing of the reissue has appeared in the Official Gazette. The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before the examiner’s action. The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). For a discussion as to protests under 37 CFR 1.291(a) in reissue applications, see MPEP § 1441.01. As set forth in MPEP § 1901.04, the public should be aware that such submissions should be made as early as possible, because under certain circumstances, the 2-month delay period will not be employed. For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR 1.182 which is accompanied by the required petition fee (37 CFR 1.17(f)) to act on a reissue application without delaying for 2 months. Accordingly, protestors to reissue applications (see MPEP § 1441.01) cannot automatically assume that a full 2-month delay period will always be available. Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an application for the reissue of the patent. Where the basis for the petition is ongoing litigation, the petition must clearly identify the litigation, and detail the specifics of the litigation that call for prompt action on the reissue application before the expiration of the 2-month delay period. Such petitions are decided by the Office of Patent Legal Administration.

Jump to MPEP Source · 37 CFR 1.176Prior Art Submissions in ProtestsExaminer Action on ProtestDisclosure of Litigation
StatutoryRequiredAlways
[mpep-1441-5e7dc1ccac6ec2110e131f47]
Petition Required for Ongoing Litigation During Reissue
Note:
A petition must be filed to act on a reissue application promptly if there is ongoing litigation involving the patent before the 2-month delay period expires.

37 CFR 1.176 provides that reissue applications will be acted on by the examiner in advance of other applications, i.e., “special.” Generally, a reissue application will not be acted on sooner than 2 months after announcement of the filing of the reissue has appeared in the Official Gazette. The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before the examiner’s action. The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). For a discussion as to protests under 37 CFR 1.291(a) in reissue applications, see MPEP § 1441.01. As set forth in MPEP § 1901.04, the public should be aware that such submissions should be made as early as possible, because under certain circumstances, the 2-month delay period will not be employed. For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR 1.182 which is accompanied by the required petition fee (37 CFR 1.17(f)) to act on a reissue application without delaying for 2 months. Accordingly, protestors to reissue applications (see MPEP § 1441.01) cannot automatically assume that a full 2-month delay period will always be available. Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an application for the reissue of the patent. Where the basis for the petition is ongoing litigation, the petition must clearly identify the litigation, and detail the specifics of the litigation that call for prompt action on the reissue application before the expiration of the 2-month delay period. Such petitions are decided by the Office of Patent Legal Administration.

Jump to MPEP Source · 37 CFR 1.176Prior Art Submissions in ProtestsProtest Timing RequirementsExaminer Action on Protest
Topic

Protest Content and Evidence

1 rules
StatutoryInformativeAlways
[mpep-1441-f0c360d1368acf3903c274ae]
Protest in Reissue Applications
Note:
Submits pertinent information as a protest under 37 CFR 1.291(a) within the two-month delay period for reissue applications.

37 CFR 1.176 provides that reissue applications will be acted on by the examiner in advance of other applications, i.e., “special.” Generally, a reissue application will not be acted on sooner than 2 months after announcement of the filing of the reissue has appeared in the Official Gazette. The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before the examiner’s action. The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). For a discussion as to protests under 37 CFR 1.291(a) in reissue applications, see MPEP § 1441.01. As set forth in MPEP § 1901.04, the public should be aware that such submissions should be made as early as possible, because under certain circumstances, the 2-month delay period will not be employed. For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR 1.182 which is accompanied by the required petition fee (37 CFR 1.17(f)) to act on a reissue application without delaying for 2 months. Accordingly, protestors to reissue applications (see MPEP § 1441.01) cannot automatically assume that a full 2-month delay period will always be available. Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an application for the reissue of the patent. Where the basis for the petition is ongoing litigation, the petition must clearly identify the litigation, and detail the specifics of the litigation that call for prompt action on the reissue application before the expiration of the 2-month delay period. Such petitions are decided by the Office of Patent Legal Administration.

Jump to MPEP Source · 37 CFR 1.176Protest Content and EvidenceProtest Filing RequirementsProtest Practice
Topic

Protest Filing Requirements

1 rules
StatutoryRecommendedAlways
[mpep-1441-0380de52c176cd947989b4ea]
Protests Must Be Filed Early In Reissue Applications
Note:
Submissions should be made as soon as possible because the 2-month delay period may not always apply.

37 CFR 1.176 provides that reissue applications will be acted on by the examiner in advance of other applications, i.e., “special.” Generally, a reissue application will not be acted on sooner than 2 months after announcement of the filing of the reissue has appeared in the Official Gazette. The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before the examiner’s action. The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). For a discussion as to protests under 37 CFR 1.291(a) in reissue applications, see MPEP § 1441.01. As set forth in MPEP § 1901.04, the public should be aware that such submissions should be made as early as possible, because under certain circumstances, the 2-month delay period will not be employed. For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR 1.182 which is accompanied by the required petition fee (37 CFR 1.17(f)) to act on a reissue application without delaying for 2 months. Accordingly, protestors to reissue applications (see MPEP § 1441.01) cannot automatically assume that a full 2-month delay period will always be available. Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an application for the reissue of the patent. Where the basis for the petition is ongoing litigation, the petition must clearly identify the litigation, and detail the specifics of the litigation that call for prompt action on the reissue application before the expiration of the 2-month delay period. Such petitions are decided by the Office of Patent Legal Administration.

Jump to MPEP Source · 37 CFR 1.176Protest Filing RequirementsProtest PracticeReissue Patent Practice
Topic

Protestor Limitations

1 rules
StatutoryProhibitedAlways
[mpep-1441-594e21868acee283442974c1]
Protestors Cannot Assume Full Delay Period
Note:
Protestors to reissue applications cannot assume a full 2-month delay period will always be available for submitting protests.

37 CFR 1.176 provides that reissue applications will be acted on by the examiner in advance of other applications, i.e., “special.” Generally, a reissue application will not be acted on sooner than 2 months after announcement of the filing of the reissue has appeared in the Official Gazette. The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before the examiner’s action. The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). For a discussion as to protests under 37 CFR 1.291(a) in reissue applications, see MPEP § 1441.01. As set forth in MPEP § 1901.04, the public should be aware that such submissions should be made as early as possible, because under certain circumstances, the 2-month delay period will not be employed. For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR 1.182 which is accompanied by the required petition fee (37 CFR 1.17(f)) to act on a reissue application without delaying for 2 months. Accordingly, protestors to reissue applications (see MPEP § 1441.01) cannot automatically assume that a full 2-month delay period will always be available. Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an application for the reissue of the patent. Where the basis for the petition is ongoing litigation, the petition must clearly identify the litigation, and detail the specifics of the litigation that call for prompt action on the reissue application before the expiration of the 2-month delay period. Such petitions are decided by the Office of Patent Legal Administration.

Jump to MPEP Source · 37 CFR 1.176Protestor LimitationsReissue Patent PracticePrior Art Submissions in Protests

Citations

Primary topicCitation
Examiner Action on Protest
Prior Art Submissions in Protests
Protest Content and Evidence
Protest Filing Requirements
Protest Timing Requirements
Protestor Limitations
37 CFR § 1.17(f)
Examiner Action on Protest
Prior Art Submissions in Protests
Protest Content and Evidence
Protest Filing Requirements
Protest Timing Requirements
Protestor Limitations
37 CFR § 1.176
Examiner Action on Protest
Prior Art Submissions in Protests
Protest Content and Evidence
Protest Filing Requirements
Protest Timing Requirements
Protestor Limitations
37 CFR § 1.182
Examiner Action on Protest
Prior Art Submissions in Protests
Protest Content and Evidence
Protest Filing Requirements
Protest Timing Requirements
Protestor Limitations
37 CFR § 1.291(a)
Examiner Action on Protest
Prior Art Submissions in Protests
Protest Content and Evidence
Protest Filing Requirements
Protest Timing Requirements
Protestor Limitations
MPEP § 1441.01
Examiner Action on Protest
Prior Art Submissions in Protests
Protest Content and Evidence
Protest Filing Requirements
Protest Timing Requirements
Protestor Limitations
MPEP § 1901.04

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.

BlueIron Last Updated: 2025-12-31