How does concurrent litigation affect the examination of a reissue application?
Concurrent litigation can significantly impact the examination of a reissue application:
- The examiner must determine if there is ongoing litigation related to the patent.
- If litigation exists, the examiner needs to ascertain its current status.
- The reissue file history should be appropriately marked to indicate the presence of concurrent litigation.
- Special procedures may need to be followed depending on the nature and stage of the litigation.
The MPEP instructs: “The examiner should determine if there is concurrent litigation, and if so, the status thereof (MPEP § 1442.01), and whether the reissue file history has been appropriately marked.”
For detailed guidance on handling reissue applications involved in litigation, refer to MPEP § 1442.01.
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