How should ongoing litigation be disclosed during the patent examination process?

For ongoing litigation related to a pending patent application, the MPEP 2001.06(c) provides guidance on how to disclose this information: Promptly bring the litigation to the attention of the USPTO. Provide enough information to clearly inform the Office of the nature of the issues in the litigation. Submit relevant litigation materials that are “material to…

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How should applicants update the USPTO about ongoing litigation during the reissue process?

Applicants have an ongoing duty to keep the USPTO informed about litigation involving the patent under reissue. The MPEP provides guidance on this matter: “The status of the litigation should be updated in the reissue application as soon as significant events happen in the litigation.” This means that applicants should: Promptly inform the USPTO of…

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