Can a third party requester intervene in court review of a reexamination decision?

While third party requesters cannot directly appeal reexamination decisions, they may be allowed to intervene in court reviews under certain circumstances. The MPEP 2279 states:

“While the reexamination statutory provisions do not provide for participation by any third party requester during any court review, the courts have permitted intervention by a third party requester in appropriate circumstances.”

This position is supported by case law, including:

• In re Etter, 756 F.2d 852, 225 USPQ 1 (Fed. Cir. 1985)
• Reed v. Quigg, 230 USPQ 62 (D.D.C. 1986)

However, it’s important to note that even if a third party requester is permitted to intervene, they “has no standing to appeal the court’s decision,” as established in Boeing Co. v. Comm’r of Patents & Trademarks, 853 F.2d 878, 7 USPQ2d 1487 (Fed. Cir. 1988).

To learn more:

• third party requester
• intervention
• court review
• reexamination
• patent law