1404 Submission of Papers Where Reissue Patent Is in Litigation [R-08.2017]
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, Patent Trial and Appeal Board, Office of Patent Legal Administration, Office of Data Management, etc.
Marking of papers: Any “Reissue Litigation” documents submitted to the Office should be clearly marked as such. Papers marked “REISSUE LITIGATION” will be given special attention. 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). See MPEP § 1901.07 for information on protestor’s participation.