Under what circumstances might the USPTO not suspend action on a reissue application with concurrent litigation?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO may choose not to suspend action on a reissue application with concurrent litigation if certain conditions are met. According to the MPEP, these conditions include:

• A stay of the litigation is in effect
• The litigation has been terminated
• There are no significant overlapping issues between the application and the litigation
• The applicant requests that the application be examined

The MPEP states:

“Where any of (A) – (D) above apply, form paragraphs 14.08 – 14.10 may be used to deny a suspension of action in the reissue, i.e., to deny a stay of the reissue proceeding.”

In these cases, the USPTO may exercise discretion based on the specific circumstances of the situation.