How are concurrent interference or other contested case proceedings handled with a reissue application?
When a reissue application is filed for a patent involved in an interference or another contested case, special procedures are followed:
- The examiner must consult with the Technology Center Training Quality Assurance Specialist (TQAS) or Supervisory Patent Reexamination Specialist (SPRS) before taking any action on the reissue application.
- It is crucial that the reissue application not be allowed without the Patent Trial and Appeal Board’s (PTAB) approval.
According to MPEP 1449.01, “If the original patent is involved in an interference or another contested case, the examiner must consult with the TQAS or SPRS before taking any action on the reissue application. It is particularly important that the reissue application not be allowed without the PTAB’s approval.”
For PTAB Review Proceedings (inter partes review, post-grant review, or covered business method review), the Director may determine how the proceedings will proceed, including options for stay, transfer, consolidation, or termination.
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