How does litigation affect the examination of reissue applications?

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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. Reissue applications with related litigation are given priority in examination. The MPEP 1440 states: “Reissue applications with related litigation will be acted on by the examiner before any other special applications, and will be acted on immediately by the examiner, subject only to a 2-month delay after publication for examining reissue applications.” This means that when a reissue application is involved in litigation, it receives expedited treatment in the examination process. The examiner will prioritize these applications over other special applications, ensuring they are examined promptly after the required publication period. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reissue Applications with Litigation Examined First MPEP 1440 Requirement for Reexamining Pre-AIA Reissue Applications MPEP 1440 Reissue Application Subject to AIA Provisions MPEP 1440 Claims of Reissue Evaluated Like Original Patent MPEP 1440 Claims of Reissue Evaluated Like Original Patent MPEP 1440 Claims of Reissue Evaluated as Original Patent MPEP 1440 Claims of Reissue Evaluated as Original Patent MPEP 1440 Original Claims Examined Same As New Applications MPEP 1440 Required Notice of Reissue Application Must Be Published Before Examination MPEP 1430 Recommended Publication Delay for Reissue Applications with Missing Elements MPEP 1430 Other Related FAQs 5 FAQs Collapse What additional requirements must be considered when examining a reissue application? How does the America Invents Act (AIA) affect the examination of reissue applications? What are the requirements for submitting drawings in a reissue application? What is the effective date for claims in a reissue application? H...