Can a Director’s decision on an inter partes reexamination request be petitioned?

The Director’s decision on an inter partes reexamination request is considered final and cannot be petitioned. The MPEP 2640 clearly states:

“The decision ordering reexamination is final and non-appealable. See 35 U.S.C. 312(c) and Heinl v. Godici, 143 F.Supp.2d 593, 596-98 (E.D. Va. 2001).”

This means that once the Director has made a decision to order or deny reexamination, there is no administrative process within the USPTO to challenge or appeal this decision. However, parties may have other legal options outside the USPTO if they wish to contest the decision.

To learn more:

• inter partes reexamination
• Director’s decision
• petition
• final decision