Section 1442 Special Status

All reissue applications are taken up “special,” and remain “special” even if applicant does not respond promptly.

All reissue applications, except those under suspension because of litigation or a pending trial before the Patent Trial and Appeal Board (PTAB), will be taken up for action ahead of other “special” applications; this means that all issues not deferred will be treated and responded to immediately. Furthermore, reissue applications involved in litigation will be taken up for action in advance of other reissue applications. A pending trial before the PTAB includes a derivation proceeding, an inter partes review, a post-grant review, and a covered business method review. See 37 CFR 42.2.