Can the 2-month delay period be waived for reissue applications with stayed litigation?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 .” Such petitions are decided by the Office of Patent Legal Administration. This provision allows for expedited processing of these applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition to Waive 2-Month Delay in Reissue with Stayed Litigation MPEP 1442.03 Follow-Up on Reissue Application Delays MPEP 1442.03 Time Monitoring for Reissue Litigation Applications MPEP 1442.03 Monthly Status Reports for Reissue Litigation Needed MPEP 1442.03 Required Reissue Applications Take Priority Over Special Applications MPEP 1442 TQAS/SPRS Oversight of Reissue Litigation MPEP 1442.03 Procedures for Deferring Certain Issues Until Ready for PTAB Consideration MPEP 1442.03 Stay Request for Reissues Where Litigation is Stopped Can Use Form Paragraph 14.07 MPEP 1442.03 Permitted Pending PTAB Trials Include Derivation, Inter Partes, Post-Grant, and Covered Business Method Reviews MPEP 1442 Fee Waived for First Submission of Three Items or Less MPEP 1134.01 Required Other Related FAQs 5 FAQs Collapse How does the USPTO handle concurrent reissue applications and PTAB Review Proceedings? Are extensions of time permitted for reissue applications with related stayed litigation? What is the priority status of reissue applications with stayed litigation? How does the USPTO monitor the processing of reissue applications with stayed litigati...