Are there any restrictions on when a patent owner can appeal in ex parte reexamination?
Yes, there are restrictions on when a patent owner can appeal in ex parte reexamination. The MPEP 2273 specifies that “The patent owner may appeal to the Board only after the final rejection of the claims.” This means that a patent owner cannot appeal intermediate office actions but must wait until a final rejection is issued before initiating an appeal. This restriction ensures that the examination process is completed at the examiner level before the Board becomes involved in reviewing the case.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2273 - Appeal In Ex Parte Reexamination,
Patent Law,
Patent Procedure