What should an examiner do when reviewing a reissue application related to litigation or PTAB trials?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 4 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. When reviewing a reissue application, an examiner should: Determine if the patent for which reissue is filed is involved in litigation or a pending PTAB trial Check the status of any litigation or PTAB trial Consult MPEP § 1442.02 to determine if prosecution should be suspended Inquire about specific litigation details if not already provided by the applicant As stated in the MPEP: If the examiner becomes aware of litigation involving the patent sought to be reissued during examination of the reissue application, the examiner should first check MPEP § 1442.02 to determine whether prosecution in the reissue application should be suspended. Related Rules from the Manual of Patent Examining Procedure 4 rules Collapse Pending PTAB Trials Include Derivation, Inter Partes, Post-Grant, and Covered Business Method Reviews MPEP 1442 Reissue Applications Take Priority Over Special Applications MPEP 1442 Petitions for PTAB Trial Must Comply with Rules MPEP 1002.02(j) Authorization to File Motion for PTAB Trial Institution MPEP 1002.02(j) 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 if they become aware of litigation during the examination of a reissue application?