Reissue applications have resumed their somewhat steady-state following the pre-AIA rise associated that had been associated with a counter strategy against third-party reexamination filings.

For those issued thus far in 2016, the average reissue pendency is 28 months (median 22 months).



10 thoughts on “Reissues

  1. 3

    Petition of the Day: link to

    Impression Products v. Lexmark, link to

    Issue: (1) Whether a “conditional sale” that transfers title to the patented item while specifying post-sale restrictions on the article’s use or resale avoids application of the patent exhaustion doctrine and therefore permits the enforcement of such post-sale restrictions through the patent law’s infringement remedy; and (2) whether, in light of this Court’s holding in Kirtsaeng v. John Wiley & Sons, Inc. that the common law doctrine barring restraints on alienation that is the basis of exhaustion doctrine “makes no geographical distinctions,” a sale of a patented article – authorized by the U.S. patentee – that takes place outside of the United States exhausts the U.S. patent rights in that article.

  2. 2

    2 years or so to get a reissue granted is an improvement over the delays encountered before reissue applications were reassigned from individual examiners to the CRU. However, when one considers how much more important the typical reissue application is than a typical ordinary application [reissues often being filed in contemplation of litigation or other assertion], and the contrast to the one year time line for an IPR, this is still way to long a PTO delay.

    1. 2.1

      How do you feel about PTO delay for original applications on the order of multiple decades…?

      How many of the pre-term change items are still out there?

      1. 2.1.1

        Making the dubious assumption that you are making a serious question, I will try to answer. Already back under a project of Dave Kappos the number of inexcusably still-pending “submarine” patent applications [applications NOT subject to 2o year patent terms from their FILING date] had been brought down under 2000. Of those now still remaining I believe a significant number are those of Mr. Gilbert Hyatt. It would be interesting to see the current number.


          Nothing dubious with my question about how you feel, Paul (this was not a legal or historical type question).

          Still like to know how you feel with even about 2000 (regardless of who they belong to) being decades old…


            Expressing “feelings” instead of legal or factual realities is what they used to punish 1st year law students for. It wastes an enormous amount of space in blog comments here.
            Saying that certain PTO delays are “inexcusable” is more than sufficient.


              LOL – I hear you – and so often the amazing amount of refuse from Malcolm is exactly that: “feelings” quite apart from legal or factual realities.

              Here, though, your first response was a bit timid, and I just wanted to assure you that your answer was unassailable.

  3. 1

    I know, sophomoric, but queue up super troopers reference: “that little guy, don’t worry about that little guy” regarding the reissue with a 12-13 years of pendency!

    Talk about tail end…

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