What USPTO departments might handle reissue applications involved in litigation?

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.

Reissue applications involved in litigation may be handled by various departments within the United States Patent and Trademark Office (USPTO), depending on the specific circumstances of the case. According to MPEP 1404, these departments may include:

• Commissioner for Patents
• Patent Trial and Appeal Board
• Office of Patent Legal Administration
• Office of Data Management

The MPEP states: “Applicants and protestors […] are requested to mark the outside envelope and the top right-hand portion of the papers with […] the art unit or other area of the United States Patent and Trademark Office in which the reissue application is located, e.g., Commissioner for Patents, Patent Trial and Appeal Board, Office of Patent Legal Administration, Office of Data Management, etc.”

This diversity of departments reflects the complex nature of reissue applications involved in litigation and the specialized expertise that may be required to handle them effectively.