What are the notification requirements for prior or concurrent proceedings in a reissue application?
In a reissue application, the applicant has a continuing duty to notify the USPTO of any prior or concurrent proceedings involving the patent for which reissue is requested. This requirement is outlined in 37 CFR 1.178(b), which states:
“In any reissue application before the Office, the applicant must call to the attention of the Office any prior or concurrent proceedings in which the patent (for which reissue is requested) is or was involved, such as interferences or trials before the Patent Trial and Appeal Board, reissues, reexaminations, or litigations and the results of such proceedings.”
This duty is continuous from the time the reissue application is filed until it is either abandoned or issues as a reissue patent. Proceedings that must be disclosed include interferences, trials before the Patent Trial and Appeal Board, reissues, reexaminations, and litigations.
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