What happens to pending applications during a 35 U.S.C. 145 civil action?
What happens to pending applications during a 35 U.S.C. 145 civil action? When a civil action under 35 U.S.C. 145 is initiated, it impacts the status of the pending patent application. The MPEP provides clear guidance on this: “When an applicant files a civil action under 35 U.S.C. 145, the patent application remains pending, but…
Read MoreWhat happens to the original patent while a reissue application is pending?
While a reissue application is pending, the original patent remains in effect. This is clearly stated in MPEP 1416, which quotes 37 CFR 1.178(a): “Until a reissue application is granted, the original patent shall remain in effect.“ This means that the rights conferred by the original patent continue to be enforceable, and the patent owner…
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