How does litigation affect the priority of patent cases at the USPTO?
Litigation has a significant impact on the priority of patent cases at the United States Patent and Trademark Office (USPTO). According to MPEP 2261, cases involved in litigation are given the highest priority in processing.
The MPEP specifically states:
“Any cases involved in litigation, whether they are reexamination proceedings or reissue applications, will have priority over all other cases.”
This means that if a patent is involved in a lawsuit, any related USPTO proceedings, such as reexaminations or reissues, will be placed at the front of the queue for processing. This prioritization ensures that the USPTO can provide timely information and decisions that may be crucial for ongoing legal proceedings, potentially affecting the outcome of the litigation.
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