Is an appeal to a U.S. District Court available in inter partes reexamination proceedings?
No, an appeal to a U.S. District Court is not available in inter partes reexamination proceedings. The MPEP 2683 clearly states:
“The remedy by civil action under 35 U.S.C. 145 is not available to the patent owner and the third party requester in an inter partes reexamination proceeding. Patent owners and third party requesters dissatisfied with a decision of the Board in an inter partes reexamination proceeding are not permitted to file a civil action against the Director of the USPTO in any U.S. district court.”
Instead, parties dissatisfied with a decision of the Patent Trial and Appeal Board (PTAB) in an inter partes reexamination proceeding are limited to appealing to the U.S. Court of Appeals for the Federal Circuit.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2683 - Appeal To Courts,
Patent Law,
Patent Procedure