What happens to pending applications during a 35 U.S.C. 145 civil action?
What happens to pending applications during a 35 U.S.C. 145 civil action?
When a civil action under 35 U.S.C. 145 is initiated, it impacts the status of the pending patent application. The MPEP provides clear guidance on this:
“When an applicant files a civil action under 35 U.S.C. 145, the patent application remains pending, but in a suspended status, until the civil action is terminated.”
This suspension means that:
- The USPTO will not take any action on the application while the civil action is ongoing.
- The applicant cannot make amendments or file continuation applications based on the suspended application.
- The suspension remains in effect until the civil action reaches a final conclusion.
It’s crucial for applicants to consider this suspension when deciding whether to pursue a civil action, as it may delay the potential issuance of their patent.
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