Q: How can a patent owner seek judicial review of an ex parte reexamination decision?

According to MPEP 1216 , a patent owner dissatisfied with the final written decision of the Patent Trial and Appeal Board (PTAB) in an ex parte reexamination has only one option for judicial review: " A patent owner who is not satisfied with the final written decision of the Board in an ex parte reexamination may seek judicial review of the Board's decision only by appealing the decision of the Board to the U.S. Court of Appeals for the Federal Circuit pursuant to 35 U.S.C. 141. " This is further supported by 35 U.S.C. 306 , which states that the patent owner may appeal under the provisions of section 134 and may seek court review under sections 141 to 144. It's important to note that unlike patent applicants, patent owners in ex parte reexaminations do not have the option to file a civil action in district court. To learn more: Ex Parte Reexamination Judicial Review Patent Owner Federal Circuit Appeal

Q: How can a patent owner seek judicial review of an ex parte reexamination decision?

According to MPEP 1216 , a patent owner dissatisfied with the final written decision of the Patent Trial and Appeal Board (PTAB) in an ex parte reexamination has only one option for judicial review: " A patent owner who is not satisfied with the final written decision of the Board in an ex parte reexamination may seek judicial review of the Board's decision only by appealing the decision of the Board to the U.S. Court of Appeals for the Federal Circuit pursuant to 35 U.S.C. 141. " This is further supported by 35 U.S.C. 306 , which states that the patent owner may appeal under the provisions of section 134 and may seek court review under sections 141 to 144. It's important to note that unlike patent applicants, patent owners in ex parte reexaminations do not have the option to file a civil action in district court. To learn more: Ex Parte Reexamination Judicial Review Patent Owner Federal Circuit Appeal

Question 1

How can a patent owner seek judicial review of an ex parte reexamination decision?

Accepted Answer

According to MPEP 1216, a patent owner dissatisfied with the final written decision of the Patent Trial and Appeal Board (PTAB) in an ex parte reexamination has only one option for judicial review:

"A patent owner who is not satisfied with the final written decision of the Board in an ex parte reexamination may seek judicial review of the Board's decision only by appealing the decision of the Board to the U.S. Court of Appeals for the Federal Circuit pursuant to 35 U.S.C. 141."

This is further supported by 35 U.S.C. 306, which states that the patent owner may appeal under the provisions of section 134 and may seek court review under sections 141 to 144.

It's important to note that unlike patent applicants, patent owners in ex parte reexaminations do not have the option to file a civil action in district court.

To learn more:

Question 2

How can a patent owner seek judicial review of an ex parte reexamination decision?

Accepted Answer

According to MPEP 1216, a patent owner dissatisfied with the final written decision of the Patent Trial and Appeal Board (PTAB) in an ex parte reexamination has only one option for judicial review:

"A patent owner who is not satisfied with the final written decision of the Board in an ex parte reexamination may seek judicial review of the Board's decision only by appealing the decision of the Board to the U.S. Court of Appeals for the Federal Circuit pursuant to 35 U.S.C. 141."

This is further supported by 35 U.S.C. 306, which states that the patent owner may appeal under the provisions of section 134 and may seek court review under sections 141 to 144.

It's important to note that unlike patent applicants, patent owners in ex parte reexaminations do not have the option to file a civil action in district court.

To learn more:

How can a patent owner seek judicial review of an ex parte reexamination decision?

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