MPEP Section 1404, Submission of Papers Where Reissue Patent Is in Litigation

Executive summary:

This document contains Section 1404 ("Submission of Papers Where Reissue Patent Is in Litigation") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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1404 Submission of Papers Where Reissue Patent Is in Litigation [R-7]

Marking of envelope: Applicants and protestors (see MPEP § 1901.03) submitting papers for entry in reissue applications of patents involved in litigation are requested to mark the outside envelope and the top right-hand portion of the papers with the words "REISSUE LITIGATION" and 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, Board of Patent Appeals and Interferences, Office of Patent Legal Administration, Technology Center, Office of Patent Publication, etc. Marking of papers: Any "Reissue Litigation" papers mailed to the Office should be so marked. The markings preferably should be written in a bright color with a felt point marker. Papers marked "REISSUE LITIGATION" will be given special attention and expedited handling. ** See MPEP §  1442.01 through § 1442.04 for examination of litigation-related reissue applications. Protestor's participation, including the submission of papers, is limited in accordance with 37 CFR 1.291(c).