How does the USPTO prioritize different types of patent cases?
The United States Patent and Trademark Office (USPTO) has a specific prioritization system for different types of patent cases. According to MPEP 2261, the priority order is as follows:
- Reexamination proceedings and reissue applications involved in litigation
- Reexamination proceedings not involved in litigation
- All other cases
The MPEP specifically states:
“Any cases involved in litigation, whether they are reexamination proceedings or reissue applications, will have priority over all other cases. Reexamination proceedings not involved in litigation will have priority over all other cases except reexaminations or reissues involved in litigation.”
This prioritization ensures that cases with time-sensitive legal implications are handled first, followed by other reexamination proceedings, and then standard patent applications and other matters.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2261 - Special Status For Action,
Patent Law,
Patent Procedure