Can third-party requesters participate in appeals during ex parte reexamination?
No, third-party requesters cannot participate in appeals during ex parte reexamination. The MPEP 2273 explicitly states: “A third party requester may not appeal, and may not participate in the patent owner’s appeal.” This limitation is a key feature of ex parte reexamination proceedings, distinguishing them from inter partes reviews where third parties have more extensive participation rights.
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