How does the two-month delay period affect the examination of reissue applications?
The two-month delay period affects the examination of reissue applications by providing a window for public review before the USPTO takes action. According to MPEP § 1441:
The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before the examiner’s action.
However, it’s important to note that reissue applications are still given priority in examination. As stated in the same section:
37 CFR 1.176 provides that reissue applications will be acted on by the examiner in advance of other applications, i.e., “special.”
This means that while there is a delay to allow for public input, reissue applications are still processed more quickly than regular patent applications once the delay period ends or if it’s waived.
To learn more: