What happens if the USPTO denies a request for inter partes reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If the USPTO denies a request for inter partes reexamination, several important steps follow, as outlined in MPEP 2646:

1. The requester is notified of the denial.
2. The requester is given one opportunity to seek review of the denial.
3. The patent owner is sent a copy of the decision denying reexamination.
4. The reexamination file is processed for publication of the decision.

The MPEP states:

“A decision denying an inter partes reexamination request is final and non-appealable. See 35 U.S.C. 312(c). However, the requester may seek review by a petition to the Director of the USPTO under 37 CFR 1.181.”

This process ensures transparency and provides a limited avenue for the requester to challenge the decision while maintaining the finality of the USPTO’s determination.