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1441    Two-Month Delay Period

MPEP SECTION SUMMARY

Reissue applications will be acted on by the examiner in advance of other applications, i.e., “special.” Generally, a reissue application will not be acted on sooner than 2 months after announcement of the filing of the reissue has appeared in the Official Gazette. The 2-month delay is provided in order that members of the public may have time to review the reissue application and submit pertinent information to the Office before the examiner’s action.


1441.01    Protest and Preissuance Submission in Reissue Applications

MPEP SECTION SUMMARY

Protests are permitted in reissue applications, however, preissuance submissions are not. This section covers further details on protests in relation to reissue applications including the time period for filing a protest.


I.   PROTESTS, BUT NOT PREISSUANCE SUBMISSIONS, ARE PERMITTED IN REISSUE APPLICATIONS

A protest pursuant to 37 CFR 1.291 may be filed throughout the pendency of a reissue application, before the date of mailing of a notice of allowance, subject to the timing constraints of the examination.

A protest is precluded after publication for an application for an original patent, as a "form of pre-issuance opposition."

A third-party submission directed to a reissue application that would otherwise be compliant with 37 CFR 1.290 will be entered into the record of the reissue application as a protest.


II.   TIME PERIOD FOR FILING PROTEST

A protest with regard to a reissue application should be filed within the 2-month period following the announcement of the filing of the reissue application in the Official Gazette.

  • A potential protestor should be aware that reissue applications are taken up “special” and a protest filed outside the 2-month delay period may be received after action by the examiner.

If the protest of a reissue application cannot be filed within the 2-month delay period, the protestor may petition to request:

  • an extension of the 2-month period following the announcement in the Official Gazette, and
  • a delay of the examination until the extended period expires.

 

» 1442  Special Status