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 MoreWhat is the priority status of reissue applications with stayed litigation?
Reissue applications with stayed litigation are given high priority in the USPTO. According to MPEP 1442.03, “reissue applications involved in ‘stayed litigation’ will be taken up for action in advance of other reissue applications. Great emphasis is placed on the expedited processing of such reissue applications.” This means that these applications are processed more quickly…
Read MoreAre extensions of time permitted for reissue applications with related stayed litigation?
No, extensions of time are generally not permitted for reissue applications with related stayed litigation. The MPEP 1442.03 provides a form paragraph (14.07) that examiners may use to address such situations: “Due to the related litigation status of this reissue application, EXTENSIONS OF TIME UNDER THE PROVISIONS OF 37 CFR 1.136(a) WILL NOT BE PERMITTED.”…
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