What is the two-month delay period for reissue applications?
The two-month delay period is a time frame during which the U.S. Patent and Trademark Office (USPTO) generally refrains from acting on a reissue application. This period begins after the announcement of the reissue application filing has appeared in the Official Gazette.
As stated in MPEP § 1441: Generally, a reissue application will not be acted on sooner than 2 months after announcement of the filing of the reissue has appeared in the Official Gazette.
This delay allows members of the public to review the reissue application and submit pertinent information to the Office before the examiner’s action, typically in the form of a protest under 37 CFR 1.291(a).
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