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2360 Reexamination, Reissue, Protest, or Litigation During Interference - 2300 Interference Proceedings
2360 Reexamination, Reissue, Protest, or Litigation During Interference
37 CFR 1.660 Notice of reexamination, reissue, protest or litigation.
(a) When a request for reexamination of a patent involved in an interference is filed, the patent owner shall notify the Board within 10 days of receiving notice that the request was filed.
(b) When an application for reissue is filed by a patentee involved in an interference, the patentee shall notify the Board within 10 days of the day the application for reissue is filed.
(c) When a protest under § 1.291 is filed against an application involved in an interference, the applicant shall notify the Board within 10 days of receiving notice that the protest was filed.
(d) A party in an interference shall notify the Board promptly of any litigation related to any patent or application involved in an interference, including any civil action commenced under 35 U.S.C. 146.
(e) The notice required by this section is designed to assist the administrative patent judge and the Board in efficiently handling interference cases. Failure of a party to comply with the provisions of this section may result in sanctions under § 1.616. Knowledge by, or notice to, an employee of the Office other than an employee of the Board, of the existence of the reexamination, application for reissue, protest, or litigation shall not be sufficient. The notice contemplated by this section is notice addressed to the administrative patent judge in charge of the interference in which the application or patent is involved.
Under 37 CFR 1.660, a party is required to notify the Board when the party's patent or application becomes involved in other USPTO proceedings (reexamination, reissue, or protest) or litigation.
Before taking any action on the reexamination, reissue, or protest, the primary examiner should consult the administrative patent judge in charge of the interference. It is particularly important that a reissue application not be granted without the approval of the administrative patent judge. Also see MPEP § 2284 concerning requests for reexamination of a patent involved in an interference.
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