How should applicants update the USPTO about ongoing litigation during the reissue process?

Applicants have an ongoing duty to keep the USPTO informed about litigation involving the patent under reissue. The MPEP provides guidance on this matter:

“The status of the litigation should be updated in the reissue application as soon as significant events happen in the litigation.”

This means that applicants should:

1. Promptly inform the USPTO of any litigation begun after filing the reissue application.
2. Provide updates on ongoing litigation as significant events occur.
3. Submit relevant court papers, including motions, pleadings, and court decisions.

It’s important to note that while the USPTO needs to be informed of significant developments, they are not interested in receiving voluminous litigation materials that are not relevant to the reissue application’s consideration.

To learn more:

• reissue application
• ongoing litigation
• USPTO updates
• patent procedure