Can the decision on a petition for inter partes reexamination be appealed?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, the decision on a petition for inter partes reexamination cannot be appealed. According to MPEP 2648:

“This decision is final and nonappealable. See 35 U.S.C. 312(c) and 37 CFR 1.927. No further communication on this matter will be acknowledged or considered.”

This means that once the CRU Director has made a decision on the petition, it is final and there is no further recourse for appeal within the USPTO.

Topics: MPEP 2600 - Optional Inter Partes Reexamination MPEP 2648 - Petition From Denial Of Request Patent Law Patent Procedure
Tags: Appeal Process, Final Decision, inter partes reexamination, USPTO procedures