What is the difference in priority between reexamination proceedings and reissue applications?
According to MPEP 2261, there is no inherent difference in priority between reexamination proceedings and reissue applications at the United States Patent and Trademark Office (USPTO). The key factor determining their priority is whether they are involved in litigation. The MPEP states: “Any cases involved in litigation, whether they are reexamination proceedings or reissue applications,…
Read MoreHow does litigation affect the priority of patent cases at the USPTO?
Litigation has a significant impact on the priority of patent cases at the United States Patent and Trademark Office (USPTO). According to MPEP 2261, cases involved in litigation are given the highest priority in processing. The MPEP specifically states: “Any cases involved in litigation, whether they are reexamination proceedings or reissue applications, will have priority…
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…
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