What reasons might justify a petition to act on a reissue application before the two-month delay period ends?
The USPTO may consider petitions to act on a reissue application before the two-month delay period ends if there are appropriate reasons. MPEP § 1441 provides an example:
Appropriate reasons for requesting that the 2-month delay period not be employed include that litigation involving a patent has been stayed to permit the filing of an application for the reissue of the patent.
For petitions based on ongoing litigation, the MPEP further states:
Where the basis for the petition is ongoing litigation, the petition must clearly identify the litigation, and detail the specifics of the litigation that call for prompt action on the reissue application before the expiration of the 2-month delay period.
Such petitions are decided by the Office of Patent Legal Administration and must be filed under 37 CFR 1.182 with the required petition fee.
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