How should papers be marked when submitting documents for reissue applications involved in litigation?
When submitting papers for reissue applications involved in litigation, applicants and protestors should follow these guidelines:
- Envelope marking: Mark the outside envelope with “REISSUE LITIGATION” and the specific USPTO area handling the application (e.g., Commissioner for Patents, Patent Trial and Appeal Board).
- Paper marking: Clearly mark the top right-hand portion of the papers with “REISSUE LITIGATION”.
As stated in MPEP 1404: “Applicants and protestors […] submitting papers for entry in reissue applications of patents involved in litigation are requested to mark the outside envelope and the top right-hand portion of the papers with the words “REISSUE LITIGATION” and with the art unit or other area of the United States Patent and Trademark Office in which the reissue application is located.”
This special marking ensures that these documents receive special attention during processing.
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