What should a reissue applicant do if the original patent is in an interference proceeding?
If a reissue application is filed while the original patent is involved in an interference proceeding, the reissue applicant has specific obligations. The MPEP states:
If a reissue application is filed while the original patent is in an interference proceeding, the reissue applicant must promptly notify the Patent Trial and Appeal Board of the filing of the reissue application within 20 days from the filing date.
This requirement is based on 37 CFR 41.8 and is further explained in MPEP Chapter 2300. Prompt notification is crucial to ensure that the Patent Trial and Appeal Board is aware of the reissue application, which may affect the ongoing interference proceeding.
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