How does litigation or a PTAB trial affect the time extensions for reissue applications?
For reissue applications being examined during litigation or PTAB trials, or after such proceedings have been stayed or dismissed: Applicants are normally given 2 months to reply to Office actions This 2-month period can only be extended upon showing clear justification under 37 CFR 1.136(b) The provisions of 37 CFR 1.136(a) for automatic extensions are…
Read MoreWhat are the special considerations for Office actions in litigation-related or PTAB trial-related reissue applications?
When issuing Office actions for litigation-related or PTAB trial-related reissue applications, examiners must consider several special factors: A 2-month reply period is typically set for these applications The Office action must inform applicants that 37 CFR 1.136(a) provisions are not available Extensions beyond 2 months require clear justification under 37 CFR 1.136(b) In some cases,…
Read MoreWhat should an examiner do when reviewing a reissue application related to litigation or PTAB trials?
When reviewing a reissue application, an examiner should: Determine if the patent for which reissue is filed is involved in litigation or a pending PTAB trial Check the status of any litigation or PTAB trial Consult MPEP § 1442.02 to determine if prosecution should be suspended Inquire about specific litigation details if not already provided…
Read MoreCan I request a Certificate of Correction if my patent is involved in an interference or trial?
If your patent is involved in an interference or a trial before the Patent Trial and Appeal Board (PTAB), there are specific requirements for requesting a Certificate of Correction. The MPEP states: “If the patent is involved in an interference or a trial before the Patent Trial and Appeal Board, a certificate of correction under…
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