What are the exceptions to immediate action on reissue applications?
While reissue applications generally receive immediate attention, there are two main exceptions where they may be suspended or delayed: Litigation: If the reissue application is involved in ongoing litigation. Pending PTAB Trial: If there is a pending trial before the Patent Trial and Appeal Board (PTAB). The MPEP 1442 specifies that “A pending trial before…
Read MoreWhat types of proceedings should be reported to the USPTO in a reissue application?
When filing a reissue application, applicants should report various types of proceedings involving the original patent. The MPEP specifies the following proceedings: Interferences Trials before the Patent Trial and Appeal Board (PTAB), including: Derivation proceedings Post-grant review Inter partes review Covered business method proceedings Reissues Reexaminations Litigations The MPEP states: “Additional proceedings that should be…
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