What are the requirements for a reissue application filed during litigation?
What are the requirements for a reissue application filed during litigation?
When a reissue application is filed during litigation, there are specific requirements that must be met:
- Notification to the Office: The applicant must notify the Office that the patent is involved in litigation.
- Nature of the litigation: The applicant must provide information about the type of litigation (e.g., infringement, interference).
- Court details: The name of the court, the docket number, and the names of the parties involved must be provided.
- Compliance with 37 CFR 1.178: The applicant must comply with 37 CFR 1.178, which requires an offer to surrender the original patent.
As stated in MPEP 1442.04: “Where the patent for which reissue is sought is involved in litigation, the applicant (or the applicant’s attorney or agent) must comply with 37 CFR 1.178(b) and notify the Office. This notice is separate from any notice of concurrent litigation required by 37 CFR 1.178(a).”
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