Can the 2-month delay period be waived for reissue applications with stayed litigation?
Yes, the 2-month delay period can be waived for reissue applications with stayed litigation. The MPEP 1442.03 states: “In reissue applications with ‘stayed litigation,’ the Office will entertain petitions under 37 CFR 1.182, which are accompanied by the fee under 37 CFR 1.17(f), to not apply the 2-month delay period stated in MPEP § 1441.”…
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