What is the significance of the two-month special status for reissue applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 2 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The two-month special status for reissue applications is a procedural benefit that expedites their examination. According to MPEP 1442 : “All reissue applications are taken up ‘special’ and remain ‘special’ even though the applicant does not respond promptly.” This special status means that reissue applications are given priority in examination for at least the first two months after filing. The MPEP further clarifies: “Applicants are expected to reply to Office actions with reasonable promptness. If the applicant fails to reply to an Office action within 3 months of the mailing date of the Office action, all further proceedings will be conducted in turn.” This policy encourages prompt responses while still providing an initial expedited review period. Related Rules from the Manual of Patent Examining Procedure 2 rules Collapse Reissue Applications Take Priority Over Special Applications MPEP 1442 Pending PTAB Trials Include Derivation, Inter Partes, Post-Grant, and Covered Business Method Reviews MPEP 1442 Other Related FAQs 5 FAQs Collapse What types of patent applications receive special examination priority at the USPTO? How does concurrent litigation affect the examination of a reissue application? How does the USPTO handle concurrent reissue applications and PTAB Review Proceedings? What happens if a court invalidates a patent while a reissue application is pending? What should an examiner do when reviewing a reissue application related to litigation or PTAB trials?