What types of proceedings should be reported to the USPTO in a reissue application?
When filing a reissue application, applicants should report various types of proceedings involving the original patent. The MPEP specifies the following proceedings:
- Interferences
- Trials before the Patent Trial and Appeal Board (PTAB), including:
- Derivation proceedings
- Post-grant review
- Inter partes review
- Covered business method proceedings
- Reissues
- Reexaminations
- Litigations
The MPEP states: “Additional proceedings that should be called to the attention of the Office include interferences and any pending trial before the Patent Trial and Appeal Board, such as derivation, post-grant review, inter partes review, and covered business method proceedings.”
It’s important for applicants to provide comprehensive information about these proceedings to ensure the USPTO has all relevant information for examining the reissue application.
To learn more: