Can the USPTO act on a reissue application before the two-month delay period expires?

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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 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 1.182 which is accompanied by the required petition fee (37 CFR 1.17(f)) to act on a reissue application without delaying for 2 months. This means that continuation or divisional reissue applications may be acted upon earlier, and applicants can petition for expedited action if they have valid reasons, such as ongoing litigation involving the patent. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition for Immediate Reissue Examination Allowed MPEP 1441 Required Petition Required for Ongoing Litigation During Reissue MPEP 1441 Required Petition for Immediate Action on Reissue Application MPEP 1441 Protest in Reissue Applications MPEP 1441 Protestors Cannot Assume Full Delay Period MPEP 1441 Prohibited Protests Must Be Filed Early In Reissue Applications MPEP 1441 Recommended Public Protest Period Before Examiner Action MPEP 1441 Permitted Examiner Acts on Reissue Before Other Applications MPEP 1441 2-Month Delay for Reissue Examining MPEP 1441 Pre-Issuance Submissions Not Allowed in Reissue Applications MPEP 1441.01 Permitted Other Related FAQs 5 FAQs Collapse What should an examiner do if a protest is filed against a reissue application? What reasons might justify a petition to act on a reissue application before the two-month delay period ends? How can the public submit information about a reissue application ...