What is the procedure for suspending action in a reissue application with concurrent litigation?
When suspending action in a reissue application with concurrent litigation, examiners are instructed to follow a specific procedure. The MPEP states:
“The examiner should consult with the Technology Center Training Quality Assurance Specialist (TQAS) or Supervisory Patent Reexamination Specialist (SPRS) before suspending action in the reissue application.”
Additionally, examiners are provided with a form paragraph (14.11) to use when suspending action. This paragraph informs the applicant that:
“In view of concurrent litigation, and in order to avoid duplication of effort between the two proceedings, action in this reissue application is STAYED until such time as it is evident to the examiner that (1) a stay of the litigation is in effect, (2) the litigation has been terminated, (3) there are no significant overlapping issues between the application and the litigation, or (4) applicant requests that the application be examined.”
This procedure ensures consistency and clarity in the handling of reissue applications affected by concurrent litigation.
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