Can 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 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…
Read MoreHow can the public submit information about a reissue application during the two-month delay period?
During the two-month delay period, members of the public can submit pertinent information about a reissue application to the USPTO. According to MPEP § 1441: The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). To submit a protest, follow the guidelines in MPEP § 1441.01, which specifically discusses protests…
Read MoreWhat reasons might justify a petition to act on a reissue application before the two-month delay period ends?
The USPTO may consider petitions to act on a reissue application before the two-month delay period ends if there are appropriate reasons. MPEP § 1441 provides an example: Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an…
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