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

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

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.

To learn more:

• inter partes reexamination denial
• USPTO procedure
• patent reexamination