MPEP § 1442 — Special Status (Annotated Rules)
§1442 Special Status
This page consolidates and annotates all enforceable requirements under MPEP § 1442, 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.
Special Status
This section addresses Special Status. Primary authority: 37 CFR 42.2. Contains: 2 statements.
Key Rules
Disclosure of Litigation
All reissue applications, except those under suspension because of litigation or a pending trial before the Patent Trial and Appeal Board (PTAB), will be taken up for action ahead of other "special" applications; this means that all issues not deferred will be treated and responded to immediately. Furthermore, reissue applications involved in litigation will be taken up for action in advance of other reissue applications. A pending trial before the PTAB includes a derivation proceeding, an inter partes review, a post-grant review, and a covered business method review. See 37 CFR 42.2.
All reissue applications, except those under suspension because of litigation or a pending trial before the Patent Trial and Appeal Board (PTAB), will be taken up for action ahead of other "special" applications; this means that all issues not deferred will be treated and responded to immediately. Furthermore, reissue applications involved in litigation will be taken up for action in advance of other reissue applications. A pending trial before the PTAB includes a derivation proceeding, an inter partes review, a post-grant review, and a covered business method review. See 37 CFR 42.2.
Citations
| Primary topic | Citation |
|---|---|
| Disclosure of Litigation | 37 CFR § 42.2 |
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 § 1442 — Special Status
Source: USPTO1442 Special Status [R-08.2017]
All reissue applications are taken up “special,” and remain “special” even if applicant does not respond promptly.
All reissue applications, except those under suspension because of litigation or a pending trial before the Patent Trial and Appeal Board (PTAB), will be taken up for action ahead of other “special” applications; this means that all issues not deferred will be treated and responded to immediately. Furthermore, reissue applications involved in litigation will be taken up for action in advance of other reissue applications. A pending trial before the PTAB includes a derivation proceeding, an inter partes review, a post-grant review, and a covered business method review. See 37 CFR 42.2.