Can the 2-month delay period be waived for reissue applications with stayed litigation?
Yes, the 2-month delay period can be waived for reissue applications with stayed litigation. The MPEP 1442.03 states: “In reissue applications with ‘stayed litigation,’ the Office will entertain petitions under 37 CFR 1.182, which are accompanied by the fee under 37 CFR 1.17(f), to not apply the 2-month delay period stated in MPEP § 1441.”…
Read MoreHow does the USPTO monitor the processing of reissue applications with stayed litigation?
The USPTO has implemented specific monitoring systems for reissue applications with stayed litigation. According to MPEP 1442.03: “Time-monitoring systems have been put into effect which will closely monitor the time used by applicants, protestors, and examiners in processing reissue applications of patents involved in litigation in which the court has stayed further action.” Additionally, monthly…
Read MoreHow does the USPTO handle judicial determinations of fraud or inequitable conduct in reissue applications?
For reissue applications filed before September 16, 2012, the USPTO takes judicial determinations of fraud or inequitable conduct seriously. According to MPEP 1448: “Form paragraph 14.21.09.fti should be used for applications filed before September 16, 2012, where the examiner becomes aware of a judicial determination of fraud, inequitable conduct or violation of the duty of…
Read MoreHow does the USPTO handle fraud, inequitable conduct, or duty of disclosure issues in reissue applications?
The USPTO does not investigate or reject reissue applications under 37 CFR 1.56. As stated in MPEP 1448: “The Office will not comment upon duty of disclosure issues which are brought to the attention of the Office in reissue applications except to note in the application, in appropriate circumstances, that such issues are no longer…
Read MoreHow does the USPTO handle admissions of fraud or inequitable conduct in reissue applications?
For reissue applications filed before September 16, 2012, the USPTO handles admissions of fraud or inequitable conduct carefully. According to MPEP 1448: “Where a rejection is made based upon such an admission (see form paragraph 14.22.fti below) and applicant responds with any reasonable interpretation of the facts that would not lead to a conclusion of…
Read MoreWhat USPTO departments might handle reissue applications involved in litigation?
Reissue applications involved in litigation may be handled by various departments within the United States Patent and Trademark Office (USPTO), depending on the specific circumstances of the case. According to MPEP 1404, these departments may include: Commissioner for Patents Patent Trial and Appeal Board Office of Patent Legal Administration Office of Data Management The MPEP…
Read MoreCan the USPTO act on a reissue application before the two-month delay period expires?
Yes, the USPTO can act on a reissue application before the two-month delay period expires under certain circumstances. MPEP § 1441 states: For example, the Office may act on a continuation or a divisional reissue application before the expiration of the 2-month period after announcement. Additionally, the Office will entertain a petition under 37 CFR…
Read MoreWhat is the significance of the two-year period in reissue applications?
The two-year period from the grant of the original patent is significant in reissue applications for several reasons, as outlined in MPEP 1403: Broadening Reissues: According to 35 U.S.C. 251(d), broadening reissue applications must be filed within this two-year period. Presumption of Diligence: The MPEP states, “Where any broadening reissue application is filed within two…
Read MoreWhat is the two-month delay period for reissue applications?
The two-month delay period is a time frame during which the U.S. Patent and Trademark Office (USPTO) generally refrains from acting on a reissue application. This period begins after the announcement of the reissue application filing has appeared in the Official Gazette. As stated in MPEP § 1441: Generally, a reissue application will not be…
Read MoreHow does the two-month delay period affect the examination of reissue applications?
The two-month delay period affects the examination of reissue applications by providing a window for public review before the USPTO takes action. According to MPEP § 1441: The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before…
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