How can a party seek review of a PTAB decision in inter partes reexamination?

Parties seeking review of a Patent Trial and Appeal Board (PTAB) decision in inter partes reexamination have several options, depending on the nature of the issue. According to MPEP 2681:

1. For procedural matters:
   • File a petition to the USPTO
   • The petition must show a convincing error, abuse of discretion, or policy issue
2. For substantive matters:
   • File a request for rehearing under 37 CFR 41.79
   • Appeal to the U.S. Court of Appeals for the Federal Circuit

The MPEP states: Because review of the decisions of the Board relating to patentability is within the exclusive jurisdiction of the U.S. Court of Appeals for the Federal Circuit, the Board’s decisions are properly reviewable on petition only for procedural matters and only to the extent of determining whether they involve a convincing showing of error, abuse of discretion, or policy issue appropriate for higher level determination.

To learn more:

• PTAB
• review of decision
• inter partes reexamination
• patent appeals