Can the USPTO act on a reissue application before the two-month delay period expires?
Yes, the USPTO can act on a reissue application before the two-month delay period expires under certain circumstances. MPEP § 1441 states: 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…
Read MoreWhat reasons might justify a petition to act on a reissue application before the two-month delay period ends?
The USPTO may consider petitions to act on a reissue application before the two-month delay period ends if there are appropriate reasons. MPEP § 1441 provides an example: 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…
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