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