What is the process for petitioning a denial of an ex parte reexamination request?
If a request for ex parte reexamination under 35 U.S.C. 302 is denied, the requester can petition for review. According to MPEP 2248:
“The requester may seek review by a petition to the Director under § 1.181 within one month of the mailing date of the examiner’s determination refusing ex parte reexamination. Any such petition must comply with § 1.181(b).”
The Central Reexamination Unit (CRU) Director will conduct a de novo review of the examiner’s determination. If the petition is not filed within one month, the reexamination file is processed as concluded.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2248 - Petition From Denial Of Request Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure