How does the USPTO determine if a delay in filing a reissue application was unintentional?

How does the USPTO determine if a delay in filing a reissue application was unintentional?

The USPTO evaluates the unintentional nature of delays in filing reissue applications on a case-by-case basis. According to MPEP 1403:

In determining whether a delay in filing a reissue application was unintentional, the examiner should make an inquiry as to whether or not the delay was in fact unintentional.

Factors considered may include:

  • The length of the delay
  • The reasons provided for the delay
  • Any evidence of diligence in attempting to file the reissue
  • The overall circumstances surrounding the delay

Applicants should provide a detailed explanation of the reasons for the delay, including any supporting documentation, to help the USPTO make an informed decision.

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Tags: delay factors, patent reissue, reissue application, unintentional delay, uspto determination