Who reviews the petition for a denied inter partes reexamination request?
According to MPEP 2648, the review process for a petition from a denied inter partes reexamination request is as follows:
- The petition, along with the reexamination file, is forwarded to the office of the Central Reexamination Unit (CRU) Director.
- The CRU Director conducts a de novo review of the examiner’s determination.
- The CRU Director’s decision is final and non-appealable.
The MPEP states: “The CRU Director then reviews the examiner’s determination that a substantial new question of patentability has not been raised or that there is no reasonable likelihood that the requester will prevail. The CRU Director’s review is de novo.”
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2648 - Petition From Denial Of Request,
Patent Law,
Patent Procedure