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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