Can the USPTO suspend an inter partes reexamination due to ongoing litigation?
Yes, the USPTO can suspend an inter partes reexamination due to ongoing litigation, but this is rare. The key points are: The Director has authority to suspend for “good cause” under 35 U.S.C. 314(c). Suspension is considered on a case-by-case basis. The potential for termination under 35 U.S.C. 317(b) may provide “good cause” for suspension.…
Read MoreHow 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…
Read MoreHow 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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